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New PTAB Ground or Just Supporting Evidence?

PTAB May Not Create a New Ground of its Own, But Can Rely on Additional Art in Support of a Petition Ground Recently, the Federal Circuit in Philips v. Google (here) explained that...

Patexia Insight 78: Patent Firms with the Largest Growth and Decline in 2019

Earlier this month, we released our 2nd Annual Patent Prosecution Intelligence Report where we ranked the top patent firms based on their activity and performance over the last five...

Patent Prosecution After an Adverse PTAB FWD – Beware

PTAB Estoppel & Inequitable Conduct Inequitable conduct before the USPTO is an equitable defense to patent infringement that, if proved, bars enforcement of a patent. Thereasense, ...

Exact Sciences Acquires Paradigm and Viomics

On March 3, 2020, Exact Sciences announced completion of its acquisition of Paradigm Diagnostics, Inc. and Viomics, Inc., privately held companies based in Phoenix, AZ. According to...

PTAB May Not Create a New Ground of its Own, But Can Rely on Additional Art in Support of a Petition Ground Recently, the Federal Circuit in Philips v. Google... Read More »
Earlier this month, we released our 2nd Annual Patent Prosecution Intelligence Report where we ranked the top patent firms based on their activity and performance... Read More »
ALLEN V. COOPER Before Kagan, Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Thomas, Breyer, and Ginsburg. Appeal from the Fourth Circuit. Summary: ... Read More »
PTAB Estoppel & Inequitable Conduct Inequitable conduct before the USPTO is an equitable defense to patent infringement that, if proved, bars enforcement of a ... Read More »
On March 3, 2020, Exact Sciences announced completion of its acquisition of Paradigm Diagnostics, Inc. and Viomics, Inc., privately held companies based in Phoenix... Read More »
FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC Before Prost, Plager, and O’Malley.  Appeal from the Patent Trial and Appeal Board. Summary:  An ... Read More »
Today, a divided Fed. Cir. panel reversed the district court’s decision invalidating the claim of two Illumina patents, U.S. Pat. Nos. 9,580,751 and 9,738,931... Read More »
ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Appeal from the Northern District of California. Summary: Use of a natural... Read More »
In early March we released our 2nd Annual Patent Prosecution Intelligence Report, where we evaluated more than 3,500 patent firms over the last five years (Jan 1... Read More »
HAFCO FOUNDRY AND MACHINE CO. v. GMS MINE REPAIR Before Newman, Chen, and Stoll. Opinion filed per curiam.  Appeal from the Southern District of West... Read More »
KAKEN PHARMCEUTICAL CO., LTD., BAUSCH HEALTH COMPLAINTS INC., V. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES ... Read More »
Expert Agency Shown Deference in Matters of Claim Scope While IPR petitioners may only challenge patent claims based upon patents and printed publications... Read More »
Communications Test Design, Inc. v. Contec, LLC Before O’Malley, Mayer, and Wallach. Appeal from the Eastern District of Pennsylvania. Summary: Filing a ... Read More »
PERSONALIZED MEDIA COMMUNICATION, LLC v. APPLE INC Before Reyna, Taranto and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: Prosecution... Read More »
The Fed. Cir. panel decision in Samsung Elec. Amer., Inc. v. Prisua Engineering Corp., Appeal No. 2019-1169, 2019-1260 (Fed. Cir., Feb. 4, 2020) flew under my... Read More »
Earlier this year, we analyzed the 2019 patent activities in Patexia Insight 74. Among our observations, we noticed a sharp decline in the number of IPR petitions... Read More »
CUSTOMEDIA TECHNOLOGIES, LLC V. DISH NETWORK CORPORATION, DISH NETWORK LLC.  Before Prost, Dyk, and Moore.  Appeal from the United States Patent and... Read More »
CASE OF THE WEEK GS CleanTech Corp. v. Adkins Energy LLC, Appeal No. 2016-2231, 2017-1838, 2017-1832 (Fed. Cir. Mar. 2, 2020) In this week’s Case of the ... Read More »
In GS Cleantech Corp. v. Adkins Energy LLC, the Fed. Cir. upheld a finding of an on-sale bar to patenting and also found that the main prosecuting attorney committed... Read More »
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