GE Denied

General Electric Co. v. Raytheon Technologies Corporation, fka United Technologies Corporation, Case No. 19-1012.

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John P. Isacson

On February 24, 2020, we reported on GE’s petition for certiorari to the Supreme Court. The petition sought review of the Federal Circuit’s doctrine on Article III standing for petitioners to appeal IPR decisions, which essentially required a possibility of an infringement suit against the petitioner. The petition was based in large part on Federal Circuit Judge Todd Hughes’ views that the Federal Circuit applied too strict a standard.

On May 26, 2020, the Supreme Court denied the petition for certiorari.

Another Non-Appealable Issue

Esip Series 2, LLC v. Puzhen Life USA, Appeal No. 2019-1659 (Fed. Cir., May 19, 2020)

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John P. Isacson

Puzhen petitioned for an IPR against Esip’s patent relating to a combining of germicidal protection and aromatic diffusion in an enclosed space. Some of the claims were held to be obvious by the PTAB and the Federal Circuit affirmed on that issue. Continue reading “Another Non-Appealable Issue”

Arthrex and Reexamination

Virnetx Inc. v. Cisco Systems, Inc., Appeal No. 2019-1671 (Fed. Cir., May 13, 2020).

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John P. Isacson

Inter partes reexamination was a non-trial procedure that allowed third parties to participate in patent reexamination, and has now been replaced by inter partes and post-grant reviews. Inter partes reexaminations were conducted before a panel of examiners, and then subject to review by the PTAB in an appeal capacity. Here, Cisco and the Director of the USPTO sought rehearing of a decision that extended the Arthrex doctrine to inter partes reexaminations. Continue reading “Arthrex and Reexamination”