ArticleFederal Circuit Admonishes PTAB For Taking Short-CutsBased on these decisions, the court vacated the Board's final written decisions that canceled the challenged claims.United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
Article"Feeling The Tax Pinch? IP Can Help You Get More Credit For Your R&D"Fully leveraging your intellectual property (IP) can help you maximize the amount of your R&D tax credit.United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticlePTAB Failed To Apply Standard Of Diligence ProperlyIn ATI Technologies v. Iancu, 920 F.3d 1362 (Fed. Cir. 2019), the Federal Circuit reversed the PTAB's decision that the Patent Owner had not presented sufficient evidence to swear behind several prior art references.United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticlePTAB Failed to Properly Apply Incorporation by Reference DoctrineThose twenty-five IPR petitions led to the six IPR proceedings at issue here.United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticlePTAB Must Consider All Grounds Raised In An Instituted PetitionIn AC Technologies S.A. v. Amazon.com, the Federal Circuit confirmed the PTO's interpretation of SAS Institute, Inc. v. Iancu, 138 S.Ct. 1348, 1355 (2018) ...United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
Article"Today's Robotics Innovation Landscape And The Role Of IP In The Field Of Robotics"Innovation in the field of robotics can take many forms – from mechanical components to electrical controls to software, and even processes of producing components.United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticleFederal Circuit Upholds Board's Use Of Control Standard Of Privity To Assess Time BarIt is undisputed that institution of an inter partes review is time-barred under 35 U.S.C. § 315(b) if the petition is "filed more than 1 year after the date on which the petitioner, the real party in interest, ...United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticleFeeling The Tax Pinch? IP Can Help You Get More Credit For Your R&DOutside of restaurants, most of us try to avoid leaving money on the table, but not taking full advantage of Research and Experimentation Tax Credits (R&D tax credits) can leave money...United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticleBizarre Facts Beget Bizarre ResultBefore the Federal Circuit's recent decision in In re Vivint, Inc., Appeal 2020-1992 (Fed. Cir. Sept. 29, 2021), the Patent Trial and Appeal BoardUnited StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticlePTAB Precedential Decisions On Discretion To Institute Inter Partes ReviewIn May 2019, the PTAB designated precedential two IPR decisions related to its discretion to institute inter partes review.United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticleThe PTAB Precedential Opinion Panel's Hulu Decision: Any Guidance Is Better Than No GuidanceThe Precedential Opinion Panel posed a broad question, yet seems to have answered the narrower one Hulu posed, and seems to have offered a common-sense...United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticleMine Your Patent Application And You Might Find A LicenseeA patent interference is an adversarial proceeding where each party is trying deprive its opponent of a patent on an invention ...United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticleFederal Circuit Concludes That Reference Qualifies As Prior Art Based On Reply EvidenceIn VidStream LLC v. Twitter Inc., Appeals 2019-1734, -1735, (Fed. Cir. November 25, 2020), the Federal Circuit affirmed a pair of PTAB inter partes review decisions that determined VidStream's claims...United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticleFederal Circuit Finds Lack Of Enablement In Prior Art ReferenceIn Raytheon Technologies v. General Electric Corp., Appeal 2020-1755, (Fed. Cir. April 16, 2021), the Federal Circuit reversed a PTAB inter partes review...United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticleFrom Viral Trend To Legal Risk: Navigating The Dupe EconomyIn today’s retail market, the hottest item isn’t always the original product. Increasingly, it’s the dupe. Across social media, influencers regularly spotlight lower-cost alternatives to luxury and premium products...United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticleIncorporating Entire Arguments By Reference Can Lead To Disastrous OutcomesIn General Access Solutions, Ltd. v. Sprint Spectrum L.P., Case No. 19-1856 (Fed. Cir. May 11, 2020) (non-precedential), General Access Solutions ("GAS")...United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticleNo SAS-Based Relief On Appeal, Unless RequestedLeft in the wake of the Supreme Court's SAS decision (discussed here) are a number of appeals pending before the Federal Circuit concerning Patent Trial and Appeal Board final written decisions...United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticlePTAB Properly Applied The Printed Matter DoctrineIn Praxair Distrib. v. Mallinckrodt Hosp. Pdts., (Fed. Circ. May 16, 2018), the Federal Circuit affirmed the PTAB's application of the printed matter doctrine in an IPR, and determined that all challenged claims were obvious.United StatesIntellectual PropertyMarshall, Gerstein & Borun LLP
ArticleThe Possibilities Of Recycling Nuclear Fissile WasteNuclear energy has long been a topic of debate due to concerns about its environmental impact and the disposal of nuclear waste. However, a paradigm shift is underway that could revolutionize how we view nuclear waste.United StatesEnvironmentMarshall, Gerstein & Borun LLP
ArticleHarnessing Wind Power Requires Collaborating Technical DisciplinesWind power generation stands at the forefront of renewable energy solutions, harnessing the kinetic energy of the wind to produce electricity that ranges from small turbines for individual homes...United StatesEnergy and Natural ResourcesMarshall, Gerstein & Borun LLP