Jonathan Bowser Apr 10, 2018 | Appeals, Due Process, Inter Partes Review
In Dell Inc. v. Acceleron, LLC, the Federal Circuit held that a panel of the Patent Trial and Appeal Board (PTAB) correctly declined to consider the petitioner’s new argument on remand, even though the panel previously found a challenged claim unpatentable on the... read more
Shawn Cage Mar 28, 2018 | Estoppel, Inter Partes Review
In Oil-Dri Corp. of Am. v. Nestle Purina Petcare Co., the district court granted a renewed estoppel motion under the rationale that references relied upon to challenge the validity of an asserted patent reasonably could have been presented in a previous IPR... read more
Jonathan Bowser Mar 22, 2018 | Claim Construction, Inter Partes Review
Recent decisions from the Federal Circuit provide guidance on whether the PTAB must adopt a prior claim construction that is affirmed by the Federal Circuit. The answer depends on whether the doctrine of collateral estoppel applies. Background The doctrine of... read more
Roger Lee Mar 22, 2018 | Inter Partes Review
The USPTO recently issued a study concerning AIA trial proceedings challenging Orange Book-Listed patents.1 The study was presented by the PTAB in a webinar entitled “New PTAB Studies in AIA Proceedings: Expanded Panels and Trial Outcomes for Orange Book Listed... read more
Jonathan Bowser Mar 1, 2018 | Sovereign Immunity, Termination
A panel of the Patent Trial and Appeal Board (PTAB) denied the Saint Regis Mohawk Tribe’s motion to terminate six instituted inter partes review (IPR) trials, holding that Native American tribal immunity does not apply to IPR proceedings.[1] The Mohawk Tribe filed its... read more
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