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Author: Paula E. Miller Editor: Jason E. Stach In Nidec Motor Co. v. Zhongshan Broad Ocean Motor Co., No. 16-2321 (Fed. Cir. Aug. 22, 2017), the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB’s) decision that claims directed to a low-noise HVAC system were invalid as obvious.  In doing so, Judges Dyk and Wallach issued […]

The post Concerns Raised Regarding PTAB Rules on Joinder and Expanded Panels appeared first on AIABlog.com.

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Authors: David C. Seastrunk, Daniel F. Klodowski, Elliot C. Cook Editor: Jason E. Stach Through August 1, 2017, the Federal Circuit decided 236 PTAB appeals from IPRs and CBMs. The Federal Circuit affirmed the PTAB on every issue in 175 (74.15%) cases, and reversed or vacated the PTAB on every issue in 25 (10.59%) cases. A mixed outcome on […]

The post Federal Circuit PTAB Appeal Statistics – August 1, 2017 appeared first on AIABlog.com.

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Author: Jason E. Stach Editor: James D. Stein  The PTAB designated as precedential its Institution Decision in Athena Automation Ltd. v. Husky Injection Moldings Systems Ltd., IPR2013-00290, Paper No. 18 (Oct. 25, 2013). According to the Patent Office’s message announcing this new precedential designation, “[t]his decision determines that the doctrine of assignor estoppel is not […]

The post PTO Designates Precedential its Athena Automation Decision on Assignor Estoppel in IPR appeared first on AIABlog.com.

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Authors: Daniel F. Klodowski, Elliot C. Cook, David C. Seastrunk Editor: Aaron L. Parker The Patent Trial and Appeal Board issued 50 Final Written Decisions in June.  It was a relatively difficult month for patent owners, with the Board cancelling 555 (80.32%) of the instituted claims while declining to cancel 114 (16.50%) of the instituted claims.  Patent owners conceded […]

The post IPR and CBM Statistics for Final Written Decisions Issued in June 2017 appeared first on AIABlog.com.

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Authors: David C. Seastrunk, Daniel F. Klodowski, Elliot C. Cook Editor: Jason E. Stach Through July 1, 2017, the Federal Circuit decided 224 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 168 (75%) cases, and reversed or vacated the PTAB on every issue in 22 (9.82%) cases.  A mixed outcome on […]

The post Federal Circuit PTAB Appeal Statistics – July 1, 2017 appeared first on AIABlog.com.

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Authors: Daniel F. Klodowski, Elliot C. Cook, David C. Seastrunk Editor: Aaron L. Parker The Patent Trial and Appeal Board issued 41 Final Written Decisions in May.  It was a relatively patentee-friendly month, with the Board cancelling 269 (48.04%) of the instituted claims while declining to cancel 287 (51.25%) of the instituted claims.  Patent owners conceded 4 (0.71%) instituted […]

The post IPR and CBM Statistics for Final Written Decisions Issued in May 2017 appeared first on AIABlog.com.

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Authors: David C. Seastrunk, Daniel F. Klodowski, Elliot C. Cook Editor: Jason E. Stach Through June 1, 2017, the Federal Circuit decided 210 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 155 (73.81%) cases, and reversed or vacated the PTAB on every issue in 22 (10.48%) cases.  A mixed […]

The post Federal Circuit PTAB Appeal Statistics – June 1, 2017 appeared first on AIABlog.com.

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Authors: Daniel F. Klodowski, Elliot C. Cook, David C. Seastrunk Editor: Aaron L. Parker The Patent Trial and Appeal Board issued 17 Final Written Decisions in April, cancelling 248 (86.11%) of the instituted claims while declining to cancel 30 (10.42%) of the instituted claims.  Patent owners conceded 10 (3.47%) instituted claims through motions to amend or disclaimer in […]

The post IPR and CBM Statistics for Final Written Decisions Issued in April 2017 appeared first on AIABlog.com.

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Authors: James D. Stein  Editor: Jason E. Stach The Supreme Court granted certiorari to review the Federal Circuit’s decision in SAS Institute Inc. v. Lee, 825 F.3d 1341 (Fed. Cir. 2016). The question presented is whether the PTAB must issue a final written decision as to every claim challenged by the petitioner in an IPR […]

The post Supreme Court to Decide Whether Final Written Decision Must Address Every Challenged Claim in an IPR Petition appeared first on AIABlog.com.

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Authors: David C. Seastrunk, Daniel F. Klodowski, Elliot C. Cook Editor: Jason E. Stach Through May 1, 2017, the Federal Circuit decided 200 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 150 (75%) cases, and reversed or vacated the PTAB on every issue in 17 (8.50%) cases. A mixed […]

The post Federal Circuit PTAB Appeal Statistics – May 1, 2017 appeared first on AIABlog.com.

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