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Category: Appeals

Buchanan Ingersoll & Rooney Obtains Favorable Decision from U.S. Patent and Trademark Office on Behalf of Hamilton Technologies LLC

ALEXANDRIA, Va. – January 11, 2022 – Buchanan Ingersoll & Rooney intellectual property attorneys obtained a favorable decision from the U.S. Patent…

Buchanan PTAB Report

January 18, 2022

PTAB Adopts Nautilus Indefiniteness Standard in AIA Trial Proceedings

The USPTO issued guidance on the standard for addressing indefiniteness in AIA trial proceedings.  The PTAB will apply the Nautilus…

Roger Lee

January 21, 2021

USPTO Announces Fast-Track Appeals Pilot Program

The U.S. Patent and Trademark Office (USPTO) has announced a Fast-Track Appeals Pilot Program to allow an Appellant to have…

Michael Britton

July 13, 2020

The Federal Circuit Determines that the PTAB’s Scheme for Appointing Judges Is Unconstitutional

In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit ruled that the manner by which Administrative Patent Judges…

Buchanan PTAB Report

November 5, 2019

Supreme Court to Review Appealability of Time-Bar Determinations

The Supreme Court will consider the question of whether time-bar determinations rendered by the PTAB are reviewable by the Federal…

Buchanan PTAB Report and Buchanan PTAB Report

June 26, 2019

Supreme Court: The Government Cannot Challenge the Validity of a Patent in an IPR

The Supreme Court recently determined that federal agencies cannot challenge a patent in an administrative trial proceeding conducted before the…

William Rowland

June 13, 2019

The Federal Circuit Provides Insights on CBM Eligibility: What Constitutes a “Technological Invention?”

In two separate decisions involving the same parties,[1] the Federal Circuit affirmed the PTAB’s determination that claims challenged in a…

Buchanan PTAB Report and Buchanan PTAB Report

June 7, 2019

Under the APA, the Board’s Claim Constructions Need Not Be Identical to Constructions Previously Raised in the IPR Proceeding

In Hamilton Beach Brands, Inc. v. f’real Foods, LLC, No. 2018-1274 (Fed. Cir. Nov. 16, 2018), the Federal Circuit opined on…

Roger Lee

December 5, 2018

Due Process Trumps Validity Concerns in AIA Trials

In Dell Inc. v. Acceleron, LLC, the Federal Circuit held that a panel of the Patent Trial and Appeal Board…

Buchanan PTAB Report

April 10, 2018

Federal Circuit Reverses Course and Holds That the PTAB’s Time-Bar Determinations in Institution Decisions are Appealable

Recently, the en banc Federal Circuit held that a determination by the Patent Trial and Appeal Board (PTAB) on whether…

Buchanan PTAB Report

January 25, 2018

Federal Circuit Shifts Burdens for Motions to Amend

On October 4, 2017, the Federal Circuit, sitting en banc, issued its long-awaited decision in Aqua Products, Inc. v. Matal.…

Buchanan PTAB Report

October 10, 2017

The Federal Circuit Clarifies Notice Requirements in AIA Trials

In EmeraChem Holdings LLC v. Volkswagen Group of Am. Inc., No. 2016-1984 (Fed. Cir. 2017), the Federal Circuit faulted the…

Roger Lee

July 14, 2017

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