Category Archives: America Invents Act

Actelion Pharmaceuticals, Ltd. v. Joseph Matal (USPTO)

Docket No. 2017-1238 LOURIE, O’MALLEY, WALLACH February 6, 2018 Brief summary: DC grant of SJ to the PTO that it correctly calculated the § 1.54 patent term adjustment “A delay” since Actelion did not expressly request to begin national examination … Continue reading

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Wi-Fi One, LLC v. Broadcom Corp. / USPTO (Intervenor)

Docket Nos. 2015-1944-46 (IPR2013-00601, -00602, 00636) En banc decision January 5, 2018 Brief summary: En banc FC found “no clear and convincing indication of Congress’s intent to bar judicial review of § 315(b) time-bar determinations” made by the PTO (unlike … Continue reading

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Silver Peak Systems, Inc. v. Joseph Matal (USPTO)

Docket No. 2-15-2072 (IPR2014-00245) PROST, BRYSON, WALLACH October 24, 2017 Non-precedential Brief summary: PTAB denial of SP’s Motion to Amend because SP did not show the proposed new claims “recite patent-eligible subject matter under 35 U.S.C. § 101″ vacated and … Continue reading

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Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. et al.

Docket No. 2016-1284, -1787 DYK, MAYER, O’MALLEY May 1, 2017 Brief Summary: FC panel reversed DC and found the asserted claims invalid under the § 102(b) on-sale bar. The FC panel concluded that the AIA did not change the meaning … Continue reading

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Synopsys, Inc. v. Mentor Graphics Corp. v. USPTO (Intervenor)

Docket No. 2014-1516. -1530 (IPR2012-00042) CHEN, MAYER, STOLL February 10, 2016 Brief Summary: Board decision after IPR affirmed and FC finds “the Board need only issue a final written decision with respect to claims on which [IPR] has been initiated”. … Continue reading

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  The USPTO released statistics on AIA petitions (11/30/16) which are available here: https://www.uspto.gov/sites/default/files/documents/aia_statistics_november2016.pdf The PTO data includes Covered Business Method (CBM) and Post-Grant Reviews (PGRs) but the Inter Partes Review (IPR) is by far the most-used pathway. Some of … Continue reading

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Cuozzo Speed Technologies, LLC v. Lee (USPTO)

No. 14-446 U.S. Supreme Court (SCOTUS (Justice Breyer)) June 20, 2016 Brief Summary: PTO decision whether or not to institute IPR is non-appealable under §314(d) and PTO’s use of broadest reasonable claim construction standard in IPR is proper. Summary: This … Continue reading

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