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Category Archives: prior art
A Split Panel of the Federal Circuit Reverses PTAB Finding of Unpatentability Without Remand in DSS v. Apple
In DSS Technology Management v. Apple Inc., a split panel of the Federal Circuit reversed a finding of patentability by the Patent Trial and Appeal Board (PTAB or the Board), but did so without remanding the case back to the … Continue reading
Posted in claim challenges, Federal Circuit, Federal Circuit Review of PTAB Proceedings, inter partes review, IPR, prior art, Reversal With No Remand
Tagged appeal, Bianchi, federal circuit, inter partes review, IPR, issued patent, litigation, patent claims, patent litigation, post-grant review, PTAB, Tim Bianchi
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Complex Claim Construction Issues in Knowles Electronics v. Cirrus Logic
A recent Federal Circuit case demonstrates the complexity of resolving difficult claim construction issues in multiple agency and court proceedings. In Knowles Electronics v. Cirrus Logic the Federal Circuit declined to apply its own prior claim interpretation of the same term of … Continue reading
Posted in America Invents Act, BRI v. Phillips Construction Issues, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, Claim Preclusion, Federal Circuit Review of PTAB Proceedings, inter partes reexamination, Issue Preclusion, ITC, prior art, PTAB, reexamination generally
Tagged appeal, Bianchi, BRI, broadest reasonable construction, claim construction, claim preclusion, ex parte reexamination, inter partes reexamination, issue preclusion, patent claims, patent trial and appeal board, PTAB, reexamination, Tim Bianchi
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Shire’s Granted Motion to Amend Offers Additional Insight Into PTAB Amendment Practice
When a patent undergoes review at the Patent Trial and Appeal Board (“PTAB”), the Patent Owner has an opportunity to file a motion to amend claims so that a substitute claim can be proposed for each claim sought to be amended. … Continue reading
Posted in claim challenges, inter partes review, Motion to Amend, prior art, PTAB, Uncategorized
Tagged Amerigen, Bianchi, Idle Free, inter partes review, IPR, Masterimage, Motion to Amend, no new feature in amendment, patent claims, patent trial and appeal board, PTAB, Shire, Tim Bianchi
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PTAB Narrows Its Preliminary Claim Interpretation To Uphold Cellular Patent
In July, 2014 Ericsson Inc. and Telefonaktiebolaget LM Ericsson (“Ericsson”) petitioned for inter partes review of claims 1, 2, 8-12 and 18-22 of U.S. Patent No. 7,787,431 owned by Intellectual Ventures II LLC (“IV”). In February, 2015, the Board instituted … Continue reading
Posted in Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, Expert Witnesses, inter partes review, prior art, PTAB, Uncategorized
Tagged Bianchi, claims, inter partes review, IPR, patent claims, patent trial and appeal board, preponderance of the evidence, PTAB, Tim Bianchi
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Are Patent-Friendly PTAB Decisions On the Rise?
Patent litigation changed with passage of the America Invents Act. Overnight the PTAB became a new venue for challenging patent claims using IPRs, CBMs and PGRs. The initial reaction by the patent bar to the PTAB’s “take charge” approach to … Continue reading
Posted in America Invents Act, claim challenges, Claim Construction, Damages, Future of PTAB Trial Practice, inter partes review, Litigation, Post Grant Review, preponderance of evidence, prior art, PTAB, PTAB Patent Trials, Uncategorized
Tagged appeal, Bianchi, CBM, covered business method, inter partes reexamination, inter partes review, IPR, litigation, motion to stay, patent claims, patent trial and appeal board, PGR, post-grant review, PTAB, Tim Bianchi
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Federal Circuit Employs Phillips Claim Construction to Measure Claims Amended in Reexamination for Possible Intervening Rights
When patent owners sue an accused infringer for patent infringement, one way for the accused infringer to avoid liability is to show noninfringement of the patent claims. But if the claims are extremely broad, the accused infringer may find it difficult … Continue reading
Posted in Broadest Reasonable Interpretation, claim challenges, Claim Construction, clear and convincing evidence, covered business methods, Damages, Ex Parte Prosecution, Federal Circuit, inter partes review, intervening rights, Litigation, past damages, Phillips claim construction, Post Grant Review, preponderance of evidence, prior art, reexamination generally
Tagged Bianchi, BRI, broadest reasonable interpretation, burden of proof, CBM, covered business method review, federal circuit, inter partes review, intervening rights, IPR, past damages, PGR, Phillips construction, post-grant proceedings, post-grant review, reexamination, substantive amendment, Tim Bianchi
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IPRs And Settlement of Patent Infringement Cases
The passage of the AIA is still relatively recent, yet statistics are starting to emerge that demonstrate the effective use of IPRs to settle patent infringement cases. IAM magazine recently published an interesting report by Unified Patents showing that IPRs have … Continue reading
Posted in America Invents Act, claim challenges, inter partes review, prior art, Settlements in Post-Grant Proceedings
Tagged Bianchi, CBM, covered business method, inter partes review, IPR, issued patent, litigation, patent claims, patent litigation, patent trial and appeal board, PGR, post-grant review, PTAB, settlement, Tim Bianchi
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Board Limits Multiple IPR Challenges in Samsung Electronics v. Rembrandt Wireless Technologies
June 22, 2015 Rembrandt Wireless Technologies sued Samsung and Research in Motion for infringement of U.S. Patent 8,457,228 in June 2013. The ‘228 patent relates to data communications, and in particular to a data communication system in which a plurality of modems … Continue reading
Posted in America Invents Act, claim challenges, inter partes review, IPR Joinder, Joinder of AIA Proceedings, Joinder Post AIA, petitions practice, prior art
Tagged Bianchi, denial of multiple proceedings, inter partes review, IPR, issued patent, Joinder, PTAB, reasons for subsequent petition, Tim Bianchi
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Federal Circuit Interprets Board’s Broadest Reasonable Interpretation Standard – Part II
In Microsoft Corp. v. ProxyConn, Inc. v. Michelle K. Lee, Intervenor (Fed. Cir. cases 2014-1542 and -1543), the Federal Circuit reversed claim constructions made by the Board in the underlying IPRs. One of the claim constructions that was reversed related … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, Federal Circuit, inter partes review, prior art, PTAB, PTAB Patent Trials
Tagged AIA, appeal, Bianchi, BRI, broadest reasonable construction, federal circuit, inter partes review, IPR, issued patent, litigation, patent reform, patent trial and appeal board, PTAB, reversal of claim construction, Tim Bianchi, unreasonably broad construction
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PTAB Denies 2Wire IPR Petitions
June 10, 2015 TQ Delta LLC sued Pace Americas, Inc. for patent infringement in the U.S. District Court for the District of Delaware in November 2013. TQ Delta LLC v. 2Wire Inc., Case no. 1:13-cv-01835-RGA. The complaint was amended to name … Continue reading