News and Cases Involving Post-Grant Proceedings at the Patent Office
Two IPR Decisions Involving 35 U.S.C. § 325(d) Designated Informative
On March 21, 2018, the Board designated as "informative decisions" two PTAB decisions in which review was denied under 35 U.S.C. § 325(d). According to the Board's standard operating procedures,…
Thomas | Horstemeyer Secures Victory at the Federal Circuit in Appeal of IPR Remand Decision
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.…
Federal Circuit’s Claim Construction Results in Issue Preclusion for an IPR of a Related Patent
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…
Federal Circuit Reverses PTAB’s Construction for Declining to Apply Prosecution Disclaimer
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…
District Court Relies on IPR Decisions to Construe Claims
The Eastern District of Michigan concluded that the meanings of disputed claim terms were bound by the terms' constructions in IPR. In an IPR, claims of an unexpired patent are…