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By Michael Weiner
In Henny Penny Corp. v. Frymaster LLC (Fed. Cir. 2019), the Federal Circuit again upheld the PTAB's application of its rule prohibiting petitioners from raising new arguments in a reply brief
By Gregory J. Chinlund
Over the past several decades, the registration of sound marks has become an increasingly valuable tool for brand owners. For example, the sound of MGM's famous lion roar imparts...
By Daniel Chavka
In an article published in the September issue of Medical Design Briefs, partner Daniel T. Chavka discusses how the patent landscape can guide medical device innovation.
By Jennifer Burnette
What is synthetic biology? At a fundamental level, synthetic biology is an interdisciplinary area applying engineering principles to biology ...
By Ryan Phelan
Artificial Intelligence (AI) has become increasingly important to companies and institutions of all sizes and industries.
By Kate Nuehring Su
In Smith & Nephew, Inc. v. Arthrocare Corp., Appeal No. IPR2016-00918 (Fed. Cir. Aug. 21, 2019), the Federal Circuit affirmed the Patent Trial and Appeal Board's decision in an IPR
By Joseph A. Saltiel
It has been five years since the Supreme Court's landmark decision in Alice Corp. v CLS Bank International. Alice established a two-part test to determine if a software patent
By Sandip H. Patel
In consolidated appeals of a trio of Board decisions canceling pre-AIA patents in inter partes reviews (IPR), the Federal Circuit held "that the retroactive application of IPR proceedings to pre-AIA patents is not an...
By Julianne Hartzell
In a recent decision vacating the PTAB's finding that a draft standard for video coding emailed to a listserv was not publicly accessible.
By Michael Weiner
As we have discussed (here and here), owners of pre-AIA patents may be able to "swear behind" alleged prior art references by providing evidence of an earlier invention date
By Matthew R. Carey
The Federal Circuit recently issued a decision in In re Marco Guldenaar Holding B.V., ruling the claims at issue were directed to the abstract idea
By Ryan Phelan
PTABWatch Takeaway: The Patent Trial and Appeal Board (PTAB) designated as "informative" four decisions applying the Patent Office's 2019 patent eligibility guidance (PEG)
By Sandip H. Patel
In re Global IP Holdings LLC, Appeal 2018-1426 (Fed. Cir. July 5,2019), concerns patent law's written description requirement, under 35 USC § 112.
By Kwanwoo Lee
In May 2019, the PTAB designated precedential two IPR decisions related to its discretion to institute inter partes review.
By Heather R. Kissling
Recently updated statistics from the USPTO provide little comfort for patent owners seeking to amend claims during an IPR proceeding.