Tag Archives: Appeals from PTAB

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 , , , , , | Leave a comment

Federal Circuit Requires Standing To Appeal An IPR Decision

By Reza Mollaaghababa In the case of Phygenix, Inc. v. ImmunoGen, Inc., the Court of Appeals for the Federal Circuit (CAFC) held that the petitioner (Phygenix) that had unsuccessfully challenged certain claims of ImmunoGen’s U.S. Patent No. 8,337,856 (“the ‘856 … Continue reading

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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

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Federal Circuit Panel Blesses BRI Standard for Claim Construction at PTAB But Another Panel May Not

By Tom Engellenner The Cuozzo v. Garmin case, discussed in our blog in January, has been decided in favor of the U.S. Patent and Trademark Office (USPTO). A divided panel decided 2-1 to uphold the USPTO’s claim construction standard used … Continue reading

Posted in BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Federal Circuit, Inter Partes Review, PTAB Procedure | Tagged , , , , , , , , , , ,

Do-Gooders Need Not Apply

By Alicia Palladino, Ph.D. and Tom Engellenner According to its mission statement, Consumer Watchdog is a non-profit entity “dedicated to providing an effective voice for taxpayers and consumers in an era when special interests dominate public discourse, government and politics” … Continue reading

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