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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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