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

With U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal’s return to private practice in December 2024 and the future permanent Director yet to be tapped for nomination, it is a good time to reflect on one of the most impactful processes that grew during Vidal’s tenure — Director Review.  It was not until shortly

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

At the end of each fiscal year running from October 1 through September 30, the Patent Trial and Appeal Board (“PTAB”) provides a summary of its trial statistics. [1] This information provides practitioners with useful insight into trends at the PTAB regarding petitions filed, institution rates, and outcomes. This blog post highlights the statistics and

The food tech industry has grown rapidly in the last ten years due to innovations in the alternative animal product space and a growing customer desire for more sustainable options.[1] With this rapid growth and an increasing number of entrants to the field comes an increased likelihood of intellectual property clashes. In this article

In Intel Corporation v. Pact XPP Schweiz AG, the Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed and remanded the decision of the Patent Trial and Appeal Board (“Board”). In the decision, the Federal Circuit rejected the Board’s rigid application of the “motivation-to-combine” analysis that required an element from one reference must

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 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