Category Archives: Appeal

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

Posted on December 5, 2019 by

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 Docket Nos. 2018-2262 (IPR2017-00504) November 27, 2019 Non-Precedential Order Brief Summary: ResMed’s motion to dismiss appeal of IPR decision after underlying litigation was settled granted because Fisher did “not provide[] any,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

Posted on December 2, 2019 by

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

Posted on November 4, 2019 by

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

Posted on September 5, 2019 by

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

Posted on July 18, 2019 by

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.

Posted on August 29, 2018 by

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

Posted on August 27, 2018 by

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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