Category Archives: America Invents Act

Andersen Corporation v. GED Integrated Solutions, Inc.

Derivation Proceeding DER2017-00007 Petitioner Appln. No. 15/058,862; Respondent Pat. No. 9,428,953 B2 Final Written Decision (March 20, 2019) Brief summary: In this AIA derivation proceeding, the PTAB found that “Andersen has not demonstrated’ derivation “by a preponderance of the evidence”. … Continue reading

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Supernus Pharm., Inc. et al. v. Andrei Iancu (USPTO)

Docket No. 2017-1357 DYK, SCHALL, REYNA January 23, 2019 Brief summary: DC grant of SJ to the USPTO regarding calculation of the PTA for Supernus’s patent reversed and remanded since Supernus could not have engaged in “reasonable efforts” to disclose … Continue reading

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Docket No. 2-15-2072 (IPR2014-00245) PROST, BRYSON, WALLACH October 24, 2017 Non-precedential Brief summary: PTAB denial of SP’s Motion to Amend because SP did not show the proposed new claims “recite patent-eligible subject matter under 35 U.S.C. §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