Click to view our statement on Accessibility

Popular Searches

Back
Federal Circuit Decisions

Seeking Balance: A Review of the First 4 Years of the PTAB

12 October 2016

Author(s)

Stephen B. Maebius

Washington, D.C. 202.672.5569

Related Insights

View All Posts
23 August 2023 Blogs

Nothing for Free: Federal Circuit Clarifies Commercial Success is All About Sales

In affirming final written decisions of the Patent Trial and Appeal Board (PTAB) in two inter partes reviews (IPRs), the Court of Appeals for the Federal Circuit (CAFC) ruled that only actual product sales count toward a showing of commercial success.
06 May 2022 PTAB Trial Insights

IPR Jeopardy: Estoppel Pitfalls for Multiple Concurrently Filed Petitions

In Intuitive Surgical, Inc. v. Ethicon LLC, the U.S. Court of Appeals for the Federal Circuit recently affirmed that estoppel under 35 U.S.C. § 315(e)(1) can apply as between concurrently filed inter partes review (IPR) proceedings which are not all decided at the same time.
16 August 2021 Blogs

Qualcomm Prevails at Federal Circuit Based on Lack of Notice and Adequate Opportunity to Respond

In Qualcomm Inc. v. Intel Corp., the Federal Circuit held that Qualcomm was not afforded notice of, or an adequate opportunity to respond to, the Patent Trial and Appeal Board’s (PTAB’s) novel construction of an undisputed claim limitation. Thus, the court vacated the PTAB’s determination that Qualcomm’s patent was invalid.