Category: Patent Trial & Appeal Board
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Federal Circuit affirms invalidation of Nielsen’s audience-measurement patent, backs PTAB’s “reasonably pertinent” prior art finding
The Federal Circuit affirmed a PTAB ruling invalidating Nielsen’s audience-measurement patent, holding that a facial-expression research paper qualified as “reasonably pertinent” prior art despite coming from a different research field.
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Dental AI patent still has teeth after Federal Circuit vacates decision that saw PTAB side with Invisalign maker
The appeals court found that the PTAB erred in recognizing as prior art an application claiming a priority date from a provisional filing.
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Federal Circuit affirms PTAB invalidation of G+ Communications 5G patent, leaving Samsung’s damages cut intact
The Federal Circuit has affirmed a Patent Trial and Appeal Board ruling invalidating one of two 5G patents G+ Communications asserted against Samsung, closing off G+’s last chance to revive that patent.
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Tesla joins list of U.S. Supreme Court petitioners questioning scope of judicial review amid USPTO’s curtailment of IPRs
The Trump II USPTO’s discretionary decisions program is now the subject of no fewer than four petitions for writ of certiorari before SCOTUS.
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U.S. Supreme Court again called upon to examine “settled expectations” basis for USPTO discretionary denials
Kahoot has filed a petition for writ of certiorari asking SCOTUS to review settled expectations denials, following a similar petition filed by Google earlier this year.
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Deputy Director Coke Morgan Stewart announces departure from USPTO
In a social media post, Ms. Stewart said she will leave the agency later this week and return to private practice.
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Oura scores brace in U.S. as Zepp withdraws district court complaint, final Samsung IPR fails
It augurs well for the smart ring maker as positive developments at the PTAB, ITC, and in federal court add up.
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Apple IPR petitions discretionarily denied due to differing constructions at PTAB and district court
Apple “tells a different story” in district court litigation compared to its claim construction position at the PTAB, according to USPTO Director John A. Squires.
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USPTO Director orders PTAB to reconsider invalidity finding for Pictiva patent at center of $191M damages claim against Samsung
The Patent Trial and Appeal Board and an Eastern District of Texas jury came to opposing conclusions about the validity of the PAE’s OLED patent.
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USPTO Director Squires extends 14-day deadline for Director Review of institution decisions to 30 days – or more “in exceptional circumstances”
He noted that “changed circumstances can surface after the deadline… has elapsed but before trial has progressed meaningfully” and that sua sponte Director Review is “not always the most efficient process”.