On June 6, 2023, the Federal Circuit reversed PTAB’s judgment in IPR2020-01139 re U.S. Patent No. 8,382,186, where the Board found compelling evidence in secondary considerations to overcome an otherwise obvious prior art combination. Yita LLC v. MacNeil IP LLC, Case...
Intellectual Property Law Representation
Month: June 2023
Estoppel Is Not a Two-Way Street Between Courts and PTAB
35 U.S.C. § 315(e) prohibits a petitioner in an Inter Partes Review (“IPR”) that results in a final written decision from asserting, in litigation, invalidity “on any ground that the petitioner raised or reasonably could have raised during that inter partes review.”...
Claim Construction: Context Over Extrinsic Evidence
On April 12, 2023, the U.S. Court of Appeals for the Federal Circuit rejected the district court’s claim construction for “computer-readable recording medium” and, as a result, reversed the district court’s ineligibility determination under 35 U.S.C. § 101. Sequoia...
The Expanding Scope of Inter Partes Review Estoppels
35 U.S.C. § 315(e) prohibits a petitioner in an Inter Partes Review (“IPR”) that results in a final written decision from asserting, in litigation, invalidity “on any ground that the petitioner raised or reasonably could have raised during that inter partes review.”...