In a victory secured by Thomas Horstemeyer for its client, Donner Technology, the Federal Circuit has ruled in a precedential decision that the PTAB erred in finding that a prior art reference did not constitute analogous art. As a result,…
The Federal Circuit held in FanDuel, Inc. v. Interactive Games LLC that the PTAB did not violate the Administrative Procedure Act when it found that the Petitioner failed to prove a claim obvious based on arguments the Patent Owner had…
The Federal Circuit holds that the Board did not err in deciding several issues relating to whether a party was time-barred from petitioning for IPR under 35 U.S.C. § 315(b). As discussed in an earlier post, the Federal Circuit in Wi-Fi…
As reported by Law360, Thomas | Horstemeyer has secured another victory at the Federal Circuit in the second appeal for the IPR proceeding styled Dell, Inc. v. Acceleron, LLC, Case No. IPR2013-00440. Andrew Crain and Robert Gravois represented the patent owner…
The Federal Circuit held that its previous reversal of the Board's claim construction resulted in issue preclusion for similar claim terms in a different IPR of a related patent. The doctrine of collateral estoppel, also called issue preclusion, is a…
The Federal Circuit held that the PTAB erred by declining to apply the doctrine of prosecution disclaimer in an IPR. If, during prosecution of a patent, the patent applicant makes a clear and unambiguous statement limiting the scope of the…