Category Archives: Appeal

IPR obviousness decision affirmed; Board’s real-party-in-interest determination not appealable under § 314(d)

ESIP Series 2, LLC v. Puzhen Life USA, LLC Docket No. 2019-1659 (IPR2019-02197) LOURIE, REYNA, HUGHES May 19, 2020 Brief Summary: Board IPR obviousness decision affirmed. Board’s real-party-in-interest determination not appealable under § 314(d). Summary: ESIP appealed Board IPR decision … Continue reading

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Acoustic’s IPR time-bar arguments waived; anticipation and obviousness findings affirmed

Acoustic Technology, Inc. v. Itron Networked Solutions, Inc. Docket No. 2019-1061 (IPR2017-1061) (see also FC Docket Nos. 2019-1059, -1060) MOORE, REYNA, TARANTO February 13, 2020 Brief Summary: Appeal based on time-bar arguments not presented to the Board were waived; anticipation … Continue reading

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ISPs handling servers are not Google’s agents, venue therefore improper

In Re: Google LLC Docket No. 2019-126 DYK, WALLACH, TARANTO February 13, 2020 Brief Summary: ED TX not the proper venue since Google “had no employee or agent regularly conducting its business” in that district (ISPs handling servers are not … Continue reading

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Appeal of IPR decision dismissed as litigation settled and “substantial risk of future infringement” not shown

Fisher & Paykel Healthcare Ltd. v. ResMed Ltd. Docket Nos. 2018-2262 (IPR2017-00504) November 27, 2019 Non-Precedential Order Brief Summary: ResMed’s motion to dismiss appeal of IPR decision after underlying litigation was settled granted because Fisher did “not provide[] any, let … Continue reading

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Remanded IPR decision reversed and vacated as “supported by…faulty reasoning”

In Re: IPR Licensing, Inc. Docket Nos. 2018-1805 (IPR2014-00525, IPR2015-00074) NEWMAN, O’MALLEY, TARANTO November 22, 2019 Brief Summary: Board remanded IPR decision reversed and vacated as “supported by the same faulty reasoning” as the first IPR decision. Summary: This appeal … Continue reading

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Fed. Cir. finds APJ’s overseeing IPRs to be unconstitutionally appointed, but suggests remedy

Arthrex, Inc. v. Smith & Nephew (USPTO as Intervenor) Docket Nos. 2018-2140 (IPR2017-00275) MOORE, REYNA, CHEN October 31, 2019 Brief Summary: Board IPR FWD vacated and remanded as APJs are “principal officers” that must be appointed by the President (as … Continue reading

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Board properly decided to deny institution and dismiss IPRs on SAS remand instead of instituting on all grounds

BioDelivery Sciences Int., Inc. v. Aquesitive Therapeutics, Inc., FKA Monsol Rx, LLC Docket No. 2019-1643-45 (IPR2015-00165, -00168, -00169) NEWMAN (D), LOURIE, REYNA (Order) August 26, 2019 Brief Summary: On remand under SAS after instituting IPRs on less than all the … Continue reading

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GE’s “purported competitive injuries” found not to provide standing to appeal IPR

General Electric Company (GE) v. United Technologies Corporation (UTC) Docket No. 2017-2497 (IPR2016-00531) REYNA, TARANTO, HUGHES July 10, 2019 Brief Summary: GE appealed Board IPR finding claims 7-11 of UTC’s US 8,511,605 relating to gear fan gas turbine engines not … Continue reading

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Click-To-Call Technologies, LP v. Ingenio, Inc. et al.

Click-To-Call Technologies, LP v. Ingenio, Inc. et al. Docket No. 2015-1242 (IPR2013-00312) O’Malley, Taranto, Stark (with en banc footnote 3) August 16, 2018 Brief summary: Board’s decision that § 315(b) one-year time bar does not apply where earlier complaint was … Continue reading

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Luminara Worldwide, LLC. vs. USPTO

Docket No. 2018-1629, -1631, -1633 IPR2015-01352, -10656, -01657, -01658 LOURIE, DYK, TARANTO August 16, 2018 Brief summary: Board finding that § 315(b) time-bar (IPR must be filed within one year of complaint servce) vacated as the bar applies to complaint … Continue reading

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