Category Archives: Inter Parties Review (IPR)

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 →

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

Federal Circuit affirms Board IPR decision invalidating design patents for obviousness

Posted on July 3, 2019 by

Kolcraft Enterprises, Inc. v. Graco Children’s Products, Inc. Docket No. 2018-1259-60 (IPR2016-00816, -00826) MOORE, REYNA, CHEN July 2, 2019 Brief summary:  Board IPR decision of invalidity of Kolcraft’s design patents affirmed as evidence regarding inventor’s date of conception was uncorroborated. … Continue reading →

Posted in Conception and Reduction to Practice, Design Patents, Inter Parties Review (IPR), IPR, Obviousness, Uncategorized | Leave a comment

DC findings of infringement and validity of one UCB rotigotine patent and invalidity of another as anticipated by use in a single patient in a clinical trial affirmed

Posted on June 28, 2019 by

UCB, Inc. et al. v. Watson Laboratories, Inc. et al. Docket No. 2018-1397, -1453 TARANTO, SCHALL, CHEN June 24, 2019 Brief summary: DC decisions finding that UCB’s ‘434 patent was infringed under DOE and not invalid and UCB’s ‘414 patent … Continue reading →

Posted in Anticipation (35 USC 102), Generics / ANDA, Inter Parties Review (IPR), IPR, Obviousness | Leave a comment

Time bar not triggered by change in real party in interest, Board claim construction/ invalidity determinations of Mayne’s claims affirmed

Posted on June 24, 2019 by

Mayne Pharma Int. v. Merck Sharpe & Dohme (MSD) (USPTO as intervenor) Docket No. 2018-1593 (IPR2016-01186) LOURIE, DYK, O’MALLEY June 21, 2019 Brief summary: Board IPR time bar and claim construction/invalidity determinations affirmed. Summary: Mayne appealed the USPTO’s (Board’s) IPR … Continue reading →

Posted in Anticipation (35 USC 102), Claim Construction, Inter Parties Review (IPR), IPR, Obviousness | Leave a comment

IPR obviousness finding vacated for erroneous motivaton to combine and reasonable expectation of success determinations

Posted on June 20, 2019 by

Samsung Electronics Co., Ltd. v. UUSI, LLC, DBA NARTRON Docket No. 2018-1310 (IPR2016-00908) NEWMAN, LOURIE, DYK June 18, 2019 Non-precedential Brief summary: IPR obviousness decision vacated and remanded (e.g., “improve similar devices in the same way, using the technique is … Continue reading →

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

Privity and RPI relationships arising after IPR filing but before institution can trigger §315(b) time-bar

Posted on June 19, 2019 by

Power Integrations, Inc. v. Semiconductor Components Industries, LLC (“Fairchild”) Docket Nos. 2018-1607 (IPR2016-00809) PROST, REYNA, STOLL June 13, 2019 Brief summary: IPR was time barred under §315(b) “because Fairchild was an RPI at the time the IPR was instituted, even … Continue reading →

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State sovereign immunity does not apply to IPR proceedings, Federal Circuit decides

Posted on June 17, 2019 by

Regents of the Univ. of Minnesota v. LSI Corp. et al. (Gilead Sci. Inc., intervenor) Docket Nos. 2018-1560-65 (IPR2017-01068, -01186, -01197, -01200, -01213, -01214, -0129) DYK, WALLACH, HUGHES June 14, 2019 Brief summary: FC panel concluded “that state sovereign immunity … Continue reading →

Posted in Article III disputes, Inter Parties Review (IPR), IPR | Leave a comment