Standing to Appeal

Photo of John P. Isacson
John P. Isacson

General Electric v. United Technologies Corp.

General Electric petitioned for an IPR against a United Technologies patent relating to gas turbine engines. General Electric was unsuccessful against certain claims, and sought to appeal. While there is a statutory right to appeal, the Federal Circuit dismissed General Electric’s appeal for lack of Article III standing. See Gen. Elec. Co . v. United Techs. Corp., 928 F.3d 1349 (Fed. Cir. 2019). Continue reading “Standing to Appeal”

The PTAB Definitely Cannot do That

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John P. Isacson

Samsung Electronics America, Inc. v. Priusa Engineering Corp., Appeal Nos. 2019-1169, -1260 (Fed. Cir. Feb. 4, 2020).

Samsung filed an IPR petition against claims 1-4, 8 and 11 of U.S. Patent No. 8,650,591 owned by Priusa. The ‘591 patent was directed to editing video streams by substituting one object for a different one, such as a face. Slip op. at 4-5. Continue reading “The PTAB Definitely Cannot do That”

Supreme Court Holds That AIA On-Sale Bar Applied to Secret Sales

By Reza Mollaaghababa
In an inter-partes review proceeding (IPR), a challenger can rely only on patents and printed publications to challenge the validity of a patent claim. In contrast, in a post grant review (PGR) proceeding, a challenger can rely on any ground related to patentability, including prior sale, to challenge a patent claim.  In particular, 35 U.S.C. §102(a)(1) bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.” Continue reading “Supreme Court Holds That AIA On-Sale Bar Applied to Secret Sales”