In MaxLinear, Inc. v. CF Crespe LLC, the Federal Circuit recently confirmed that issue preclusion applies to administrative agency decisions, including those from the Patent Trial and Appeal Board (“PTAB”) in IPR proceedings.  In MaxLinear, Inc., the Federal Circuit was presented with the appeal of a PTAB decision upholding the patentability of the

Patent litigation often involves the intersection of practice before the PTAB and district courts.  Not surprisingly then, the subject of this post—the Federal Circuit’s recent opinion concerning the reexamination of U.S. Patent No. 6,284,471 (“the ʼ471 patent”)—directly relates to a litigation analyzed on our firm’s companion blog, BiosimilarsIP.com.  See here and here.

In re

On Friday, January 19, 2018, in a Federal Register notice, the USPTO identified four regulations that it is proposing to abolish.[1] The proposals comply with Executive Order 13777, signed by President Trump in February of 2017, which require federal agencies to review all existing regulations and identify those that should be repealed, replaced, or

In Wi-Fi One, the Federal Circuit held en banc that time-bar determinations by the PTAB under      § 315(b) are appealable and remanded the associated IPRs for further proceedings pertaining to the time-bar issue.

Appeals from IPR decisions of the PTAB are limited in scope by § 314(d), which states that “the determination by the

The Supreme Court recently held oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC. Before what appears to be a divided Court, the parties addressed pointed questioning over whether the inter partes review (“IPR”) process is constitutional.  The justices’ questions and comments touched on a wide-range of issues including patentee