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Federal Circuit Overturns PTAB Denial of Motion to Amend Claims in IPR Proceeding
Tuesday, September 20, 2016Veritas Technologies LLC v. Veeam Software Corp., No. 2015-1894 (Fed. Cir. Aug. 30, 2016). On recurring controversy in AIA trials is the difficulty patent owners face meeting the PTAB’s strict requirements for amending claims. In a recent case, the Federal Circuit vacated a PTAB ruling denying a patent owner’s motion to amend. It noted that […]
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Federal Circuit Rules that PTAB Claim Construction in Inter Partes Reexamination Proceeding Is Not Binding on District Court in Later Litigation
Thursday, August 11, 2016Skyhawke Technologies, LLC v. Deca International Corp., Case No. 2016-1325 (Fed. Cir. July 15, 2016) One recurring question arising from AIA trials and other post-grant proceedings before the PTAB is whether a claim construction ruling made during the administrative proceeding is binding on a district court in a subsequent infringement lawsuit or other litigation. In B&B […]
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PTAB Institution Rate Continues To Lag Behind 2014 Rate, Highlighting Need For Expert Reports to Adequately Support Petition
Monday, August 1, 2016Data released by the USPTO Patent Trial and Appeal Board (PTAB) for the Fiscal Year 2016 reveals that the PTAB is granting petitions to review at a rate similar to FY 2015, and significantly below the higher rate in FY 2014. Thus far in FY 2016, the Board has denied instituting trial on about 33% […]
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PTAB Invalidates Two Livestock Patents in First PGR Decisions
Thursday, June 30, 2016On June 13, 2016, the Patent Trial and Appeal Board (PTAB or Board) issued two post-grant review (PGR) decisions invalidating two livestock valuation patents for being directed to patent ineligible subject matter under 35 U.S.C. § 101, based on the Supreme Court’s opinion in Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). These are […]
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PTAB Decision Vacated and Remanded for Changing Claim Construction “Midstream”
Monday, June 13, 2016Even though the Federal Circuit agreed with the Patent Trial and Appeal Board’s new claim construction in the final written decision, the Court found that the Board errored by adopting a new construction for a term it had construed differently in its institution decision. (see SAS Institute, Inc. v. ComplementSoft, LLC (Fed. Cir. June 10, […]
