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

Dish Network Corp. and Dish Network LLC v. Customedia Techs., LLC

Board held that Patent Owner's request to file a post-institution statutory disclaimer of claims was too late to warrant termination of the proceeding, ordered the Patent Owner to file the disclaimer, and continued CBM proceeding.

Oil-Dri Corp. of America v. Nestle Purina Petcare Co.

Court held that IPR estoppel extends to nonpetitioned grounds with respect to patent claims for which the PTAB issued a final written decision.

Mexichem Amanco Holdings S.A. DE C.V., Daikin Indus., Ltd. v. Honeywell Int'l Inc.

Federal Circuit reversed Board, holding that inherent properties of a composition are not obvious if they are unpredictable or unexpected.

Mexichem Amanco Holdings S.A. DE C.V., Daikin Indus., Ltd. v. Honeywell Int'l Inc.

Federal Circuit reversed Board, holding that a patent owner may rebut a prima facie case of obviousness by showing that results would have been unexpected, and not that a person or ordinary skill would have expected failure.

Facebook, Inc. v. Windy City Innovations, LLC

Board granted motion for self-joinder and joined a second petition challenging different claims than were challenged in the first petition after finding that when first petition was filed, Petitioner did not know which claims would be asserted.

Sprint Spectrum, L.P. v. TC Technology, LLC

Board found that Petitioner failed to prove that a European patent was prior art because prior art status depended on the publication date of the EP application and Petitioner failed to file the application or show that it had the same content.

Hospira, Inc. v. Genentech, Inc.

Board instituted a petitioned ground despite the fact that the same information had been before the patent examiner during prosecution, after finding that an expert declaration "presents the prior art in a new light."

Home Semiconductor Corp. v. Samsung Elecs. Co. Ltd., et al.

Federal Circuit rejected Board's BRI construction as overly broad and inconsistent with the claim language, adopted a construction that neither the parties nor the Board proposed, and reversed the Board's finding of unpatentability.

Diablo Techs., Inc. v. Netlist, Inc.

Federal Circuit reversed Board's claim construction for failing to fit the context in which terms were used in the asserted claims and remanded for further proceedings.

Department of Justice v. IRIS Corporation Berhad

In finding the government in privity with Japan Airlines, and petition time barred under 35 U.S.C. § 315(b), the Board explained the differences between "real-party-in-interest" and privity and explained the key precedents it applies.

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Executive Editors:

Wayne Stacy Orion Armon

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