In Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. LTD., 2016-2321 (Fed. Cir. August 22, 2017)(designated precedential), the Federal Circuit upheld the PTAB’s finding that a patent directed to an HVAC system was invalid.  However, a concurring opinion criticized the PTAB’s joinder practice and use of expanded panels, indicating that such practices

In an effort to combat pharmaceutical patent holders, several companies are now filing petitions for post-grant review on the theory that the claims are unpatentable for lacking sufficient written description and enablement. Although the number of post-grant review proceedings remains fairly small in comparison to inter-partes review proceedings, the recent increase in filings by generic

Two IPRs (IPR2016-00663 and IPR2016-00669) filed on patents asserted against Microsoft in district court have ended with victory for the tech giant in an unusual procedural turn. Claims of the two patents were cancelled as a result of adverse judgment being entered against the owner of record, Global Technologies, Inc., after the PTAB deemed that

On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed v.Lee, in part, to decide whether the PTAB should be applying the broadest reasonable interpretation when construing claims in AIA review proceedings rather than the claim construction applied in district court litigation.  One of the questions the Court will address is:  “Whether

It has long been this author’s position that there is no meaningful additional discovery in AIA proceedings but rather only production of specific documents and things which a party can identify.  That position was solidified in Bloomberg Inc. v. Markets-Alert Pty Ltd., CBM2013-00005, Paper 32 (May 29, 2013), designated precedential on May 9, 2016,