Author: Dylan Haversack Published: June 23, 2021 This week, in United States v. Arthrex, Inc., the Supreme Court vacated and remanded a decision by the Court of Appeals for the Federal Circuit (“the CAFC”), holding that the administrative patent judges (“APJs”) at the Patent Trial and Appeal Board (“the Board”) are unconstitutionally appointed. While
Read More Author: Patrick Moon Published: July 29, 2021 Earlier this month, the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register providing guidance regarding the proper presentation of prophetic examples and working examples in a patent application. According to the guidance, the proper presentation of prophetic and working examples
Read More Author: Dylan Haversack Published: August 9, 2021 Last month, in Qualcomm Inc. v. Intel Corp., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded the Patent Trial and Appeal Board (“the Board”) on six inter partes review (“IPR”) decisions that held claims 1-15, 17-25, and 27-33 of Qualcomm’s U.S. Patent
Read More Author: Richard E. Waterman Published: August 17, 2021 In some circumstances, patent applicants may petition the Patent Office to suspend non-statutory rules under 37 CFR § 1.183. As the text of the rule indicates, the Patent Office will only grant such petitions “[i]n an extraordinary situation, when justice requires,” but does not clarify
Read More Author: Eric D. Blatt Published: September 17th, 2020 Eric D. Blatt of Rothwell, Figg, Ernst & Manbeck, P.C. discusses the mistake made by Microsoft in their argument to the PTAB panel, in which they failed to make sure that their prior art was, in fact, prior art. Read more about how this misstep could
Read More Author: Grant Lukas Published: September 10th, 2020 Grant Lukas of Rothwell, Figg, Ernst & Manbeck, P.C. explores the contentions argued by four major technology companies – Apple, Cisco, Google, and Intel – brought in a suit against the United States Patent and Trademark Office (“USPTO”). In both Apple Inc. v. Fintiv, Inc., and NHK Spring
Read More Author: Patrick Moon Published: August 27th, 2020 Patrick Moon of Rothwell, Figg, Ernst & Manbeck, P.C. discusses the intricacies of Uniloc 2017 LLC v. Hulu, LLC, Netflix, Inc, the ways in which any person who is not the owner of a patent may try to file a claim to invalidate a patent, and the Federal Circuit's decisions
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