On January 27, 2025, the Federal Circuit held that the Patent Trial and Appeal Board (“PTAB”) “has jurisdiction over IPRs concerning expired patents.” See Apple Inc. v. Gesture Tech. Partners, LLC, 2025 WL 299939, *2 (Fed. Cir. Jan. 27, 2025).

Background and Procedural History

Apple, the inter partes review (“IPR”) petitioner, filed an IPR

The recent decision by the Federal Circuit in Honeywell International Inc. v. 3G Licensing, S.A., issued on January 2, 2025, overturned the Patent Trial and Appeal Board’s (“the Board”) factual and legal holdings in the final written decision of IPR2021-00908. In this article, we delve into the court’s holding and its impact on upcoming

It seems as if Netflix and Hulu are continuously pumping out new content in their endless battle to win over more monthly subscribers.  However, when a third-party asserts patents covering streaming technology against both streaming giants, the competitors find themselves on the same side of the line.

Such was the case in an inter partes

In a precedential opinion issued last month, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that when the single issue presented on appeal is whether a prior art reference teaches a particular claim element, that is a factual question that the Federal Circuit reviews for substantial evidence. Addressing only this issue in

In Intel Corp. v. PACT XPP Schweiz AG, the Federal Circuit held that establishing a motivation to combine prior art for KSR analysis based on the “known-technique” rationale does not require showing that the “known-technique” is an improvement. The Court held that it only requires showing that the “known-technique” is a “suitable option.”

PACT

Last month, the Federal Circuit’s holding in Google LLC v. Hammond Dev. Int’l, Inc.[1]  illustrated the importance of raising a collateral estoppel argument when the opportunity arises. In Google LLC v. Hammond Dev. Int’l, Inc., the Court decided the patentability of claims directed to subject matter that was previously held unpatentable following

In American National v. Sleep Number Corporation, the Court of Appeals for the Federal Circuit (“CAFC”) affirmed the Patent Trial and Appeal Board’s (“Board”) decision to allow a patent owner to present proposed amended claims during inter partes review (“IPR”)proceedings that both respond to a ground of unpatentability and make other wording changes unrelated

On the first of February, in Qualcomm Inc. v. Apple Inc., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded the Patent Trial and Appeal Board (“the Board”) on two inter partes review (“IPR”) decisions that held claims 1, 2, 5-9, 12, 13, and 16-22 of Qualcomm’s U.S. Patent No.