Cases

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Recent Decisions (click on a decision to view the annotation)

PTAB Digest

Google, Inc. v. Mobile Telecommunications Technologies, LLC

The Board now includes in the notice of the filing date afforded a petition, a recommendation that the parties explore alternative dispute resolution to facilitate settlement of post-grant proceedings.
PTAB Digest

Google, Inc. and Apple Inc. v. Smartflash LLC

The Board held a claim indefinite because claim term lacked antecedent basis and that lack of antecedent basis introduced ambiguity into the claim because the claim was susceptible to two different, but equally plausible, interpretations.
PTAB Digest

Medtronic, Inc. v. NuVasive, Inc.

Court vacated and remanded Board's final written decision on grounds that Board did not allow Patent Owner to reply to argument Petitioner raised for first time in reply.
PTAB Digest

Apple Inc. v. Smartflash LLC

The Board declined to exclude exhibits that were not invalidating prior art or used for the Decision to Institute because they were relevant to the state of the art and thus to the Section 101 analysis.
PTAB Digest

Finjan, Inc. v. Symantec Corp.

Court granted defendant's request for additional claim construction on previously construed terms where, after Markman, Patent Owner took arguably contradictory positions during inter partes review proceedings and in other district court cases.
PTAB Digest

TC Heartland LLC v. Kraft Foods Group Brands LLC

The Board found that the high cost of a subscription service did not affect its analysis whether a printed publication provided by the service was publicly accessible and therefore prior art.
PTAB Digest

Google Inc. v. Locationet Systems Ltd.

The Board refused to consider disclaimed claims in determining whether a patent qualified as a covered business method patent--confirming that, in certain cases, patent owners can dodge a CBM petition by disclaiming claims.
PTAB Digest

Coalition for Affordable Drugs II, LLC v. NPS Pharmaceuticals, Inc.

The Board found that Patent Owner hadn't shown nexus between a patented drug and the claims because it was unclear which of the patents listed in the Orange Book as covering the drug was responsible for the commercial success.
PTAB Digest

Coalition for Affordable Drugs II, LLC v. NPS Pharmaceuticals, Inc.

The Board found that orphan drug status, by itself, for a patented drug did not show that the claimed features of the drug met long-felt need.
PTAB Digest

Coalition for Affordable Drugs II, LLC v. NPS Pharmaceuticals, Inc.

The Board was not convinced by Patent Owner's arguments about unexpected results because it concluded that the supposedly unexpected results would not have been unexpected to a person of ordinary skill in the art.

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