Category Archives: Reexamination

Federal Circuit Criticizes PTAB for Failing to Properly Weigh Objective Evidence of Non-Obviousness

By Tom Engellenner The Federal Circuit Court of Appeals again vacated a Patent Trial and Appeal Board (PTAB) panel decision for failing to properly evaluate “objective evidence of non-obviousness” and remanded the case for determinations consistent with its opinion. Specifically, … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Court of Appeals Fed Circuit, Final PTAB Decision, Inter Partes Review, Post Grant Review, PTAB Procedure, Reexamination, USPTO | Tagged , , , , ,

Despite PTAB “Sweet Talk” Federal Circuit Reverses Invalidity Of Deicing Patent

By Tom Engellenner The Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) invalidity decision last week that had found a patent for a molasses-based, road deicing agent obvious over earlier patents on sugar-related inventions.  The Federal Circuit panel … Continue reading

Posted in Anticipation/Obvious, Appeals, Court of Appeals Fed Circuit, Federal Circuit, Reexamination, USPTO | Tagged , , , , , , , , , ,

Does the Broadest Reasonable Interpretation Standard Make Sense?

By Tom Engellenner Two of the earliest challenges to patents under the new post grant proceedings established by the America Invents Act (AIA) are now on appeal to the Court of the Appeals for the Federal Circuit and both appeals … Continue reading

Posted in Amendments before the PTAB, America Invents Act, Anticipation/Obvious, Appeals, Court of Appeals Fed Circuit, Covered Business Methods, District Court, Federal Circuit, Inter Partes Review, Post Grant Review, PTAB Procedure, Reexamination, Trial Tactics, USPTO | Tagged , , , , , , , , , , , , , , , , ,

Do-Gooders Won’t Take “No” For An Answer

By Tom Engellenner About a month ago we posted an article on the dismissal of Consumer Watchdog’s appeal at the Court of Appeals for the Federal Circuit following a loss at the USPTO in an inter partes reexamination. Consumer Watchdog, … Continue reading

Posted in America Invents Act, Appeals, Court of Appeals Fed Circuit, Federal Circuit, Inter Partes Review, Post Grant Review, PTAB Procedure, Reexamination, Trial Tactics, USPTO | Tagged , , , , , , , , , ,

What Should A Jury Be Told About A Concurent PTO Trial?

By Anthony Pisano Patent owners enforcing their rights who seek to exclude testimony about a pending administrative challenge to the patent-in-suit may face a Hobson’s choice – at least in Nevada. Particularly, the price for excluding evidence of pending administrative … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Covered Business Methods, District Court, Inter Partes Review, Post Grant Review, PTAB Procedure, Reexamination, Trial Tactics, USPTO | Tagged , , , , , , , , , , , ,