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Recent Posts
- Sharp and Vizio not shown to infringe Wi-Lan’s flicker effect patents, FC panel affirmed
- Speculative arguments not enough to provide Apple with standing to appeal IPR decisions
- Rejection of Stanford’s genotyping claims affirmed as patent ineligible under section 101
- IPR anticipation finding affirmed as negative limitation lacks support; refusal to enter amended claims as anticipated reversed due to improper analysis
- DC indefiniteness determination affirmed due to “inconsistent prosecution history statements”
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Category Archives: Appeal
Speculative arguments not enough to provide Apple with standing to appeal IPR decisions
Apple Inc. v. Qualcomm Incorporated Docket No. 2020-1561, -1642 (IPR2018-01279, -01252) (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1561.OPINION.4-7-2021_1759839.pdf) MOORE, REYNA, HUGHES April 7, 2021 Brief Summary: Apple’s appeal of two IPR decisions dismissed for lack of standing in view of license agreement and speculative arguments related … Continue reading
Posted in Appeal, Inter Parties Review (IPR), IPR
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“Substantial risk of future infringement” provides standing for IPR appeal; non-obviousness conclusion vacated and remanded
General Electric Company v. Raytheon Technologies Corporation Docket No. 2019-1319 (IPR2017-00428) (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1319.OPINION.12-28-2020_1707556.pdf) LOURIE, REYNA, HUGHES December 23, 2020 Brief Summary: GE found to have standing due to a substantial risk of future infringement”; Board finding of no obviousness vacated and … Continue reading
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
Posted in Appeal, Inter Parties Review (IPR), IPR, Obviousness
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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
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
Posted in Appeal, Venue
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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
Posted in Appeal, Inter Parties Review (IPR), IPR, Uncategorized
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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
Posted in Appeal, Inter Parties Review (IPR), IPR, Obviousness, Uncategorized
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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
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
Posted in Appeal, Inter Parties Review (IPR), IPR, Uncategorized
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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
Posted in Appeal, Inter Parties Review (IPR), IPR
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