Recent Federal Circuit decisions reversing or remanding PTAB holdings of obviousness have faulted the Board for failing to clearly articulate its reasoning.

Partners Tiffany Gehrke and Ryan Schermerhorn co-authored the article "Assessing the Impact of American Axle Six Months Out" for IPWatchdog, which published on May 13, 2020, discussing the impact...

In Hologic, Inc. v. Minerva Surgical, Inc., Case 19-2054 (Fed. Cir. Apr. 22, 2020), the Federal Circuit held that an assignor of a patent may rely on a PTAB unpatentability decision as a defense in infringement litigation,...

Artificial Intelligence (AI)-generated music has the potential to reshape the music landscape, offering exciting opportunities for creativity while also presenting challenges in terms of copyright, monetization, and ethical considerations.

In Ultratec, Inc. v. CaptionCall, LLC, No. 2016-1706 (Fed. Cir. Aug. 28, 2017), the Federal Circuit vacated and remanded multiple IPR decisions where the PTAB failed to consider material evidence and failed to explain its decisions to exclude the evidence.

In cxLoyalty, Inc. v. Maritz Holdings Inc., Appeals 2020-1307, -1309 (Fed. Cir. Feb. 8, 2021), the Federal Circuit affirmed a PTAB final written decision in a CBM proceeding canceling Maritz's...

In FOX Factory, Inc. v. SRAM, LLC, Case Nos. 2018-2024, 2018-2025 (Fed. Cir. December 18, 2019), ...

The Federal Circuit's recent decision in Sirona Dental Systems GMBH v. Institut Straumann AG, Appeals 2017-1341, 2017-1403 (Fed. Cir. June 19, 2018) tasked the PTAB with reconciling the Supreme Court's SAS Institute decision ...

In Arthrex Inc. v. Smith & Nephew, Inc., Appeal 2018-2140 (Fed. Cir. Oct. 31, 2019), the Federal Circuit concluded that the PTAB's Administrative Patent Judges ...

On April 23, 2020, the Supreme Court decided that willfulness is not a prerequisite to award a trademark infringer's profits under the Lanham Act provision governing remedies for, among other...

On November 7, 2017, the USPTO issued a Final Rule recognizing that communications between U.S. and foreign patent practitioners and their clients that are reasonably necessary and incident...

A PTAB decision denying a patent owner's motion for discovery concerning privity illustrates what may be a carefully-structured business transaction that permitted a petitioner to avoid the effect of the one-year time-bar...

Soon after Bungie filed its IPR petition, Patent Owner Worlds moved for discovery concerning whether Activision was a real party in interest.

Can a petitioner's reply in an IPR proceeding present new arguments and evidence responding to a proposed claim construction first raised in the patent owner's response? In Axonics, Inc. v. Medtronic, Inc.

On Winter's eve, the Board's Precedential Opinion Panel (POP) finally answered a question it posed in an April...

The Federal Circuit on June 14 affirmed Patent Office decisions in inter partes review (IPR) proceedings canceling patents the University of Minnesota owned,

In previous blog post, we reported that in a final written decision on October 26, 2016, the PTAB concluded that GoPro, Inc. (GoPro) failed to demonstrate that the challenged claims in a patent owned by Contour IP Holding LLC (Contour) were unpatentable

In Hologic, Inc. v. Smith & Nephew Inc., the Federal Circuit concluded that disclosure of a species provides written descriptive support for a claimed genus where the invention was in a predicable field of art, ...

I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA)'s article on "IP Aspects of Augmented Reality and Virtual Reality Technologies."

The Patent Office issued Honeywell a patent that required correction. The patent, according to Honeywell, did not include the proper...