Roger Lee Aug 3, 2017 | Estoppel, Inter Partes Review
Recently, the PTAB designated the following decision as precedential: Athena Automation Ltd. v. Husky Injection Molding Sys. Ltd., IPR2013-00290, Paper 18 (PTAB Oct. 25, 2013) (precedential only as to Section II.A). Athena holds that the doctrine of assignor estoppel... read more
Roger Lee Jul 14, 2017 | Appeals, Inter Partes Review
In EmeraChem Holdings LLC v. Volkswagen Group of Am. Inc., No. 2016-1984 (Fed. Cir. 2017), the Federal Circuit faulted the Patent Trial and Appeal Board (“PTAB”) for violating the Administrative Procedure Act (“APA”) in an inter partes review (“IPR”) proceeding. The... read more
Chris Cherry Jul 6, 2017 | Appeals, Inter Partes Review
The Federal Circuit recently affirmed the Patent Trial and Appeal Board’s (“the PTAB” or “the Board”) decision invalidating Outdry Technologies Corp.’s (“Outdry”) patent.[1] In doing so, the Federal Circuit elaborated on... read more
Jonathan Bowser Jun 28, 2017 | Covered Business Method, Inter Partes Review, Post-Grant Review
On June 21, 2017, Senator Chris Coons (D-Del.) introduced the STRONGER Patents Act of 2017 in the Senate. STRONGER is an acronym for “Support Technology and Research for Our Nation’s Growth and Economic Resilience.” The bill was co-sponsored by Senators Tom Cotton... read more
Roger Lee Jun 23, 2017 | Appeals, Inter Partes Review
On June 12, 2017, the Supreme Court granted certiorari in Oil States Energy Servs. LLC v. Greene’s Energy Grp., LLC, No. 16-712 (U.S. Jun. 12, 2017). The Supreme Court will review whether the Constitution permits the PTAB, a non-Article III forum, to terminate patent... read more
News from Patently-O