Category Archives: Appeal

PGS Geophysical AS v. USPTO

Docket No. 2016-2470, -2472, -2474 (IPR2015-00309, -00310, -0311) WALLACH, TARANTO, STOLL June 7, 2018 Brief summary: PTAB decision of obviousness affirmed. PTAB decision to only review certain claims and grounds included in IPR Petition not to be error in view … Continue reading

Posted in Appeal, Inter Parties Review (IPR), IPR, Obviousness, Obviousness-Teaching Away | Leave a comment

In re: Timothy D. Durance, et al.

Docket No. 2017-1486 LOURIE, REYNA, CHEN June 1, 2018 Brief summary: PTAB affirmance of examiner’s obviousness rejection vacated and remanded due to the examiner’s and PTAB’s “multiple shifting articulations” of the rejections. Summary: Mr. Durance et al. appealed PTAB decision … Continue reading

Posted in Analgous Art, Appeal, Obviousness | Leave a comment

Knowles Electronics LLC v. Andrei Iancu (USPTO)

Docket No. 2016-1954 NEWMAN (D), CLEVENGER, WALLACH April 6, 2018 Brief summary: PTAB claim construction and affirmance of examiner’s obviousness rejections following reexamination requested by Analog Devices affirmed. FN2 explains that the PTO had the right to intervene after Analog … Continue reading

Posted in Appeal, Claim Construction, Obviousness, Reexamination | Leave a comment

William Grecia v. McDonald’s Corporation

Docket No. 2017-1672 DYK, REYNA, TARANTO March 6, 2018 Non-precedential Brief summary: DC’s dismissal of complaint alleging that McDonald’s “through its use of various credit card companies’ authorization networks directly infringed” under § 271(a) affirmed because the only benefits to … Continue reading

Posted in Appeal, Procedural Issues | Leave a comment

Nalco Company v. Chem-Med, LLC et al. (24 other parties)

Docket No. 2017-1036 MOORE, SCHALL, O’MALLEY February 27, 2018 Brief summary: DC dismissal of Nalco’s complaint for failing to properly allege infringement reversed and remanded since “[t]he ‘purpose of a motion to dismiss is to test the sufficiency of the … Continue reading

Posted in Appeal, Contributory Infringement, Doctrine of equivalents, Inducement to Infringe, Infringement | Leave a comment

AbbVie, Inc. et al. v. Medimmune Limited

Docket No. 2017-1689 PROST, DYK, CHEN February 5, 2018 Brief summary: DC dismissal of AbbVie’s DJ action affirmed since its requested “declaration would not actually resolve the parties’ contractual dispute” (Medimmune, US 2007). Summary: AbbVie appealed DC grant of Medimmune’s … Continue reading

Posted in Appeal, Article III disputes, Jurisdiction | Leave a comment

Anthrex, Inc. v. Smith & Nephew, Inc., Arthrocare Corp.

Docket No. 2017-1239 (IPR2016-00917) NEWMAN(D), DYK, O’MALLEY January 24, 2018 Brief summary: FC panel affirmed Board decision as “§ 42.73(b) permits the Board to enter an adverse judgment when a patent owner cancels all claims at issue after an IPR … Continue reading

Posted in Appeal, Inter Parties Review (IPR), IPR | Leave a comment