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Category Archives: Reexamination
FC panel finds PTO has the authority to reconsider ex parte reexamination under § 325(d)
In Re: Vivint, Inc. Docket No. 2020-1992 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1992.OPINION.9-29-2021_1841724.pdf) MOORE, SCHALL, O’MALLEY September 29, 2021 Brief Summary: PTO has the authority to reconsider ex parte reexamination under § 325(d). Summary: Vivint appealed USPTO denial of its request to dismiss Alarm.com’s request … Continue reading
Posted in Inter Parties Review (IPR), IPR, Reexamination
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DC grant of intervening rights regarding reexamined patent affirmed
John Bean Tech. Corp. v. Morris & Assoc., Inc. Docket No. 2020-1090, -1148 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1090.OPINION.2-19-2021_1736234.pdf) LOURIE, REYNA, WALLACH February 19, 2021 Brief Summary: DC grant of intervening rights to Morris affirmed. Summary: John Bean (JB) appealed DC decision as to equitable … Continue reading
Posted in Intervening Rights, Reexamination
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DC claim construction reversed; joined party in IPR can raise new obviousness arguments; no improper broadening during reissue
Network-1 Techs., Inc. v. Hewlett-Packard Co. et al. Docket No. 2018-2338-39, -2395-96 PROST, NEWMAN, BRYSON September 24, 2020 Brief Summary: DC claim construction affirmed and reversed (“ordinary meaning”); joinder rule did not prevent HP from raising new obviousness arguments that … Continue reading
Board reexamination decision vacated and remanded for reconsideration of its analogous art analysis (“reasonably pertinent”)
Airbus S.A.S. v. Firepass Corporation Docket Nos. 2019-1803 LOURIE, MOORE, STOLL November 8, 2019 Brief Summary: Board reexamination decision vacated and remanded for reconsideration of its analogous art determination (i.e., “whether the reference…is reasonably pertinent”). Summary: Airbus appealed Board reversal … Continue reading
Posted in Analgous Art, Reexamination, Uncategorized
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PTAB obviousness decision vacated as being improperly based on inherency
Knauf Insulation, Inc. et al. v. Rockwool International A/S Docket No. 2018-1810-11, -1891 DYK, LINN, TARANTO October 15, 2019 Non-precedential Brief Summary: PTAB inter partes reexamination obviousness determination vacated as being based on inherency. Summary: Knauf appealed PTAB’s inter partes … Continue reading
Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc. et al.
Docket No. 2018-1638 through -1643 (multiple IPRs) DYK (C), MOORE, REYNA July 20, 2018 Brief summary: Board decision that Allergan’s assignment of its patents to Saint Regis Mohawk Tribe did not allow the Tribe to terminate IPR proceedings based on … Continue reading
Posted in Inter Parties Review (IPR), IPR, Reexamination
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Mobileye Vision Technologies Ltd. v. iOnRoad, Ltd.
Docket No. 2017-1984 LOURIE, CLEVENGER, REYNA June 12, 2018 Non-precedential Brief summary: Board decision following inter partes reexamination affirming the examiner’s rejection of Mobileye’s claim for estimating a time-of-contact between a moving vehicle and an obstacle” as obvious affirmed. Summary: … Continue reading
Posted in Obviousness, Reexamination
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01 Communique Laboratory, Inc. (CL) v. Citrix Systems, Inc. et al.
Docket No. 2017-1869 NEWMAN, MAYER, STOLL April 26, 2018 Brief summary: DC order denying CL’s motion for a new trial regarding the alleged infringement of US 6,928,479 relating to “private communicaton portal[s]” by Citrix’s GoToMyPC product affirmed. Summary: CL appealed … Continue reading
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
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In re: Power Integrations, Inc.
Docket No. 2017-1304 MOORE, MAYER, STOLL March 19, 2018 Brief summary: PTAB claim construction and resultant anticipation decisions regarding PI’s ‘876 patent reversed (“[t]he board has had two opportunities to come up with a sustainable interpretation that differs from the … Continue reading