Tag: IPR
Stem Cell Patent Survives Challenge Over Prior Art and Claim Construction
March 4, 2025
Restem, LLC v. Jadi Cell, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the validity of Jadi Cell, LLC’s U.S. Patent No. 9,803,176, which covers a method for obtaining stem cells from the subepithelial…
Read MoreIPR Decisions Don’t Always Block Patent Claims in Court, Says Federal Circuit
February 10, 2025
Kroy IP Holdings, LLC v. Groupon, Inc Authored by: Jeremy J. Gustrowsky In the recent case of Kroy IP Holdings, LLC v. Groupon, Inc., the Federal Circuit addressed a key question in patent law: Does a decision by the Patent…
Read MorePatent Owners Get a Win: Federal Circuit Limits Collateral Estoppel from PTAB Decisions
February 10, 2025
Kroy IP Holdings, LLC v. Groupon, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners, the Federal Circuit recently clarified when a prior Patent Trial and Appeal Board (PTAB) decision can prevent a patentee from asserting…
Read MorePatent Office Can Continue Reexams Even After IPRs and Patent Expiration, Court Says
January 27, 2025
In re Gesture Tech. Partners, LLC Authored by: Jeremy J. Gustrowsky A recent decision has clarified how patent challenges can proceed even after multiple rounds of review and the expiration of the patent itself. Gesture Technology Partners, LLC found itself…
Read MorePublished Patent Applications Can Be Used as Prior Art in IPRs—Even Before They’re Public
January 14, 2025
Lynk Labs, Inc. v. Samsung Elecs. Co Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified a key question for patent law: Can a published patent application be used as prior art in an inter partes…
Read MoreFederal Circuit Clarifies When Inherency Makes Patent Claims Obvious in Cytiva v. JSR
December 4, 2024
Cytiva BioProcess R&D AB v. JSR Corp Authored by: Jeremy J. Gustrowsky In a significant decision for biotechnology patents, the Federal Circuit recently addressed the concept of inherency in obviousness determinations in Cytiva BioProcess R&D AB v. JSR Corp. The…
Read MorePatent Office Estoppel Rule Survives Challenge, But Its Reach Is Limited
July 26, 2024
SoftView LLC v. Apple Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit clarified how far the Patent Office can go in preventing patent owners from reclaiming lost ground after losing claims in an inter partes…
Read MoreA Win for Patent Procedure: Federal Circuit Clarifies How Patent Owners Can Fix Motion to Amend Errors
July 23, 2024
ZyXEL Commc’ns Corp. v. UNM Rainforest Innovations Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit provided important guidance on how patent owners can correct mistakes in motions to amend during inter partes review (IPR) proceedings. The…
Read MoreDefendants Can’t Recover IPR Fees or Hold Opposing Counsel Liable in Patent Disputes
May 20, 2024
Dragon Intell. Prop. LLC v. DISH Network L.L.C Authored by: Jeremy J. Gustrowsky A recent appellate decision clarifies the limits of attorney fee awards in patent disputes, especially when a defendant prevails by invalidating a patent through inter partes review…
Read MorePatent Board Can Allow New Arguments on Amended Claims, Even from Joined Parties
January 18, 2024
CyWee Grp. Ltd. v. ZTE (USA), Inc Authored by: Jeremy J. Gustrowsky A recent decision highlights how the U.S. Patent Trial and Appeal Board (PTAB) handles motions to amend patent claims during inter partes review (IPR) proceedings, especially when new…
Read MoreSpeeding Up Invalidity Using Procedures at the USPTO
September 4, 2013
The presentation discusses different techniques for using US Patent and Trademark Office (USPTO) invalidity proceedings to invalidate issued patents. The presentation specifically discusses the new procedures available under the America Invents Act (AIA). Topics include Post-Grant Review (PGR) and Inter…
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