Inter partes review, PGR and post-grant practice.
150 articles · page 6 of 13
CASE OF THE WEEK Recentive Analytics, Inc., v. Fox Corp. , Appeal No. 2023-2437 (Fed. Cir. Apr. 18, 2025) In our Case of the Week, the Federal Circuit addressed a question of first impression concerning whether developments in machine learning are subject…
Written by : Baiyu Zhu and Jacob R. Rosenbaum SAGE PRODUCTS, LLC v. STEWART [OPINION] Before Reyna, Cunningham, and Stark . Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary : The Board did not abuse its…
CASE OF THE WEEK Azurity Pharmaceuticals, Inc. v. Alkem Laboratories Ltd. , Appeal No. 2023-1977 (Fed. Cir. Apr. 8, 2025) In our Case of the Week, the Federal Circuit affirmed that defendant Alkem’s proposed generic antibiotic did not infringe claims…
CASE OF THE WEEK In re Forest , Appeal No. 2023-1178 (Fed. Cir. Apr. 3, 2025) In an appeal from a Patent Office decision denying a patent that would have been expired upon issuance, the Federal Circuit dismissed. Applicant Forest had filed a string of…
CASE OF THE WEEK In re: Riggs , Appeal No. 2022-1945 (Fed. Cir. Mar. 24, 2025) Our Case of the Week explores the power of an examiner to request a rehearing after the Board has entered a decision on an application. The case also relates to determining when…
Written by : Kelsey S. Weinman and Jacob R. Rosenbaum ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark . Appeal from Patent Trial and Appeal Board. Summary : A party in a PTAB proceeding forfeits the ability to challenge an opposing…
Written by : Tyler S. Cox and Nathan D. Reeves APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC Before Moore, Prost , and Stoll. Appeal from the Patent Trial And Appeal Board. Summary : A patent owner forfeits its argument that an IPR petitioner lacks…
Written by : Jae Jin Lee and Douglas B. Wentzel CQV CO., LTD. v. MERCK PATENT GMBH Before Cunningham , Chen, and Mayer. Appeal from the Patent Trial and Appeal Board. Summary : The Board erred by failing to explain why it discarded material and unrebutted…
CASE OF THE WEEK In re: Xencor, Inc. , Appeal No. 2024-1870 (Fed. Cir. Mar. 13, 2025) Our case of the week is an appeal from a decision of the Appeals Review Panel of the Patent Trial and Appeal Board, concerning Xencor’s patent application titled…
CASE OF THE WEEK Kroy IP Holdings, LLC v. Groupon Inc. , Appeal No. 2023-1359 (Fed. Cir. Feb. 10, 2025)‎ After an inter partes review finds certain claims of a patent unpatentable, may the patentee assert other claims, immaterially different, in…
Written by : Douglas B. Wentzel HD SILICON SOLUTIONS LLC v. MICROCHIP TECHNOLOGY INC. Before: Lourie , Stoll, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary : A patent’s specification established a naming convention that…
CASE OF THE WEEK Trudell Medical International Inc. v. D R Burton Healthcare, LLC , Appeal Nos. 2023-1777, -1779 (Fed. Cir. Feb. 7, 2025) This week’s Case of the Week presents a cautionary tale for litigators to be sure they’ve timely complied…
