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Recent Blog Posts

  • Is In re Packard the Correct Standard for AIA Trials? In re Packard Inextricably Linked to Patent Examination Practices?  Back in 2014, the Federal Circuit determined the standard for a USPTO indefiniteness analysis in In re Packard (here). This standard was more deferential to the agency as compared to the district court's "reasonable certainty" standard later enunciated in Nautilus v, Biosig Instruments Inc.  When Packard issued, I questioned whether that standard could be argued to apply to post-grant proceedings. This was because the Court's determination in Packard was deeply rooted in patent examination practices.    More recently, the Patent... More
  • Article III Standing Found for PTAB Appeal Where Threat of Suit Article III Standing for PTAB Appeals Once Again Revisited by Federal Circuit  Last month, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial proceedings in Phigenix, Inc. v. ImmunoGen, Inc. (here)  The Phigenix decision follows an earlier decision, Consumer Watchdog v. Wisconsin Alumni Research Foundation (Warf) finding the same Article III standing requirement for the now defunct inter partes patent reexamination.   Yesterday, in PPG Industries, Inc., v. Valspar Sourcing, Inc., the Federal Circuit again addressed the issue of... More
  • TC Heartland Looms Large Over Patent Litigation Recalibration of Venue Could Change Face of Patent Litigation  As most are well aware, the patent venue statute, 28 U.S.C. § 1400(b), provides that patent infringement actions “may be brought in the judicial district where the defendant resides . . . .” The statute governing “[v]enue generally,” 28 U.S.C. § 1391, has long contained a subsection (c) that, where applicable, deems a corporate entity to reside in multiple judicial districts. In Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222... More
  • Upcoming PTAB CLE Winter/Spring 2017 Inaugural PTAB Bar Association Conference & Much More  For those seeking some PTAB related discussion/CLE in the months ahead, there are a multitude of upcoming programs.    March 1st-3rd: The Inaugural Conference of the PTAB Bar Association will be held in Washington D.C. (here) This program will offer a boot-camp for new practitioners on Wednesday March 1, followed by a full day program on Thursday, March 2nd, and a half day program on Friday, March 3rd. Don't miss the uniquely focused discussion of PTAB... More
  • Phigenix/WiFi a Double Bind for Future PTAB Privity Disputes? Burden of Production on Article III Standing to Bolster 315(b) Disputes at CAFC?  Two weeks back, the Federal Circuit made clear that Article III standing is necessary for petitioners to appeal from adverse decisions in AIA trial proceedings. Phigenix, Inc. v. ImmunoGen, Inc. (here)  The Phigenix decision follows an earlier decision, Consumer Watchdog v. Wisconsin Alumni Research Foundation (Warf) finding the same Article III standing requirement for the now defunct inter partes patent reexamination. Thus, Phigenix was expected given that differences in AIA trial... More