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

SFC Co. Ltd. v. Idemitsu Kosan Co., Ltd.

The Federal Circuit affirmed the Board’s obviousness holding, finding the Board did not violate the Administrative Procedure Act by deciding issues in its final written decision that were not specifically identified in its institution decision.

Google Inc. v. Infogation Corporation

The Board denied institution because petitioner failed to expressly construe and address the clause "non-proprietary" in "non-proprietary, natural language description.

In re: Stepan Co.

Federal Circuit vacated obviousness rejection, finding the Board failed to articulate its reasoning why there was a reasonable expectation of success when it concluded “routine optimization” would have arrived at the claimed invention.

Controls Southeast, Inc. v. QMax Industries, LLC

Board denied Petitioner's request to file a motion for adverse judgment against Patent Owner in view of Patent Owner's disclaimer of all of the challenged claims because disclaimer was filed before institution of inter partes review.

Zhongshan Broad Ocean Motor Co. v. Nidec Motor Corp.

In a concurring opinion, Judges Dyk and Wallach questioned the Board’s interpretation of the joinder statute, Section 315(c), to allow joinder parties to raise new issues in joined petitions.

Broad-Ocean Technologies, Inc. v. Regal Beloit America, Inc.

Board denied institution because petition relied on date Canadian Patent application was laid open to prove prior art status, but then cited the contents of the later-issued Canadian patent to support its invalidity prooof.

Zhongshan Broad Ocean Motor Co. v. Nidec Motor Corp.

In a concurring opinion, Judges Dyk and Wallach criticized the Board's use of expanded panels to change the outcome of panel decisions in post-grant proceedings.

Zhongshan Broad Ocean Motor Co. v. Nidec Motor Corp.

Federal Circuit rejected Patent Owner’s argument that prior art taught away from the claimed combination because the prior art did not address the disputed feature, and general statements critical of complexity were inadequate to teach away.

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.

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Executive Editors:

Wayne Stacy Orion Armon

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