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”

U.S. Government in Search of Arthrex Reversal

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John P. Isacson

Image Processing Technologies LLC v. Samsung Electronics Co., LTD. et al., Appeal Nos. 2018-2156, 2019-1408, 2019-1485 (Fed. Cir. March 2, 2020).

The Federal Circuit vacated and remanded the PTAB’s decisions against Image Processing’s U.S. Patent No. 8,983,134 in IPR2017-00353 and IPR2017-01218. The vacatur and remand was based upon the Federal Circuit’s earlier Arthrex decision, which held that the PTAB judges were improperly appointed under the Appointments Clause of the U.S. Constitution. The Arthrex decision from October 2019 is proving to be quite controversial, and the USPTO is seeking an opportunity to have the doctrine reversed by the U.S. Supreme Court. Continue reading “U.S. Government in Search of Arthrex Reversal”