AIA Blogs

  • PTAB Decision Vacated and Remanded for Changing Claim Construction “Midstream”
    Monday, June 13, 2016

    Even 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, […]

  • In re Aqua Products, Inc.: Federal Circuit Continues To Uphold PTAB Limits on Motions To Amend
    Tuesday, May 3, 2016

    Although the America Invents Act permits patent owners to file motions to amend claims in a patent under review, see e.g., 35 U.S.C. § 316(d), patentees generally have been unsuccessful in seeking amendments. The USPTO has promulgated rules that place squarely on the patent owner the burden of demonstrating that proposed substitute claims are patentable over […]

  • PTAB Remains Consistent from Institution to Final Decision in First Group of IPRs Decided Together
    Wednesday, February 24, 2016

    On February 10, 2014, the Patent Trial and Appeal Board (PTAB) issued a group of four final written decisions to inter partes review (IPR) trial proceedings involving Intellectual Ventures Management, LLC (“IVM”) and Xilinx, Inc. (“Xilinx”).  IVM filed four IPR petitions challenging the patentability of claims in four patents owned by Xilinx.  The four final […]