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7/2/2020
April 29, 2020
April 23, 2020
December 19, 2019
On September 26, 2019, in Inter Partes Review Campbell Soup Co. v. Gamon Plus, Inc., 2018-2029, 2018-2030, a majority of the Federal Circuit panel held that U.S. design patent no. D512,646 was obvious in view of a combination of two prior art design patents. As is well established, a prior art reference may be used...
June 20, 2019
IPR Service of Complaint Bar applies if Party was Served with a Complaint More Than One Year Before IPR Filing Date and that Party was a Real Party in Interest or Privy of IPR Petitioner as of IPR Institution Date   In Power Integrations, Inc. v. Semiconductor Components Industries LLC, 2018-1607 (Fed. Cir. June 13,...
February 04, 2019
2019 Guidance Examining Computer-Implemented Functional Claim Limitations for Compliance with 35 U.S.C. § 112 By Ellen Smith and Derek Kim On January 4, 2019, the United States Patent and Trademark Office (“USPTO”) issued examiner guidance for examining definiteness of functional claim limitations under 35 U.S.C. § 112.  Although the new guidance does not have the...
February 01, 2019
PTAB Institutes Unified Patents IPR Petition Despire Patent Owner’s RPI and General Plastic Challenges: On December 20, 2018, the Patent Trial and Appeal Board (PTAB) instituted Unified Patents’ petition for Inter Partes Review (IPR) of Patent No. 9,253,239, assigned to Bradium Technologies LLC. Bradium asserted that was deficient for failure to name all real parties-in-interest...
January 24, 2019
On January 7, 2019, the USPTO released revised Subject Matter Eligibility Guidance (the “Revised Guidance”) which provides revised guidelines for examiners to apply while evaluating patent subject matter eligibility. The Revised Guidance acknowledges that properly applying the Supreme Court’s frame work for evaluating patent eligibility (the “Alice/Mayo test”) has proven to be difficult and has...
October 11, 2018
                Petitioner should discuss the prosecution history of all relevant related patents when arguing that an issue was not previously considered by the Office The Board has discretion to deny institution of an inter partes review under 35 U.S.C. 325(d) when “the same or substantially the same prior...
August 02, 2018
In Ticketnetwork, Inc. v. Ceats, LLC, CBM2018-00004 (PTAB 2018) (Final Written Decision), the Patent Trial and Appeal Board (“the Board”) held that Ticketnetwork failed to establish standing under 37 C.F.R. § 42.302, and accordingly did not institute a covered business method (“CBM”) review of U.S. Patent No. 8,229,774 (the “’744 Patent”). In 2010, Ceats sued Ticketmaster...