In Homeland Housewares, LLC, v. Whirlpool Corporation, IPR2014-00877 (Fed. Cir. Aug. 4, 2017) (Judges Prost, Newman, and Dyk), the Federal Circuit reversed a Board decision in an inter partes review of claims 1-16 of the U.S. Patent No. 7,581,688 (“’688 patent”), which found the challenged claims to be not invalid as anticipated by U.S.
Federal Circuit Requires Notice and Opportunity to Respond to Asserted Grounds of Invalidity in IPRs But Sets Low Bar for “Minimally Sufficient” Notice
In In re Nuvasive, Inc. (Fed. Cir. Nov. 9, 2016) (Judges Moore, Wallach, and Taranto), the Federal Circuit considered two Board decisions with respect to U.S. Patent No. 8,187,334 (“the ’334 patent”). The Federal Circuit affirmed the Board’s final written decision in IPR2013-507 (“IPR507”), which invalidated all but one challenged claim, and vacated the Board’s
The PTAB Mistakenly Excluded Exhibit Showing Conception
In REG Synthetic Fuels (“REG”), the PTAB found anticipated all challenged claims 1-5 and 8 of U.S. Patent 8,231,804. These claims covered even-carbon-number paraffins and methods of making them. Claims 1, 3, 4, and 8 were found anticipated based on a U.S. patent to Craig, and claims 1-3, 5, and 8 were found anticipated based
A Win for Patent Owners at the Federal Circuit on When the Cited Art is Not a Bar
In Perfect Surgical Techniques, Inc. v. Olympus America, Inc., Olympus Medical Systems Corp., IPR2014-00233 (Fed. Cir. Nov. 15, 2016) (Judges Moore, Schall, and O’Malley), the Federal Circuit vacated and remanded the Board’s decision invalidating certain claims of U.S. Patent 6,030,384 (“’384 patent”). The Board’s decision was based on prior art under pre-AIA §102(a). This
The PTAB Speaks Out on Analogous Art
On Final Written Decision in Pure Fishing, Inc. v. Globeride, Inc., the PTAB determined the Petitioner had failed to establish by a preponderance of the evidence that claims 1 and 2 of U.S. Patent 5,921,489 were unpatentable. The PTAB’s decision turned on the question of whether two cited references were “analogous to the claimed