The U.S. Patent and Trademark Office has denied institution of Inter Partes Review (IPR) proceedings against two Applied Optoelectronics patents in a discretionary decision that highlights how patent age can influence administrative challenges. In a decision dated June 27, 2025, Acting USPTO Director Coke Morgan Stewart denied Cambridge Industries USA’s…
Patent Lawyer Blog
CrowdStrike’s Two-Petition Strategy Backfires in Director Review
The U.S. Patent and Trademark Office Director has granted Director Review and vacated the Patent Trial and Appeal Board’s decisions to institute two separate inter partes review (IPR) proceedings challenging the same patent claims in a dispute between CrowdStrike, Inc. and GoSecure, Inc. Background of the Dispute The case involves…
Spacing Out: PTAB Rejects Word Count Challenge Over Missing Spaces
In a recent inter partes review institution decision, the Patent Trial and Appeal Board (PTAB) addressed and rejected a procedural challenge regarding word count compliance, providing guidance on formatting requirements and waiver of procedural objections. In IPR2025-00112, Patent Owner Miracor Medical SA accused Petitioner Abbott Laboratories of circumventing the 14,000-word…
Means-Plus-Function Trap: How Procedural Missteps Killed an IPR Before It Started
The Patent Trial and Appeal Board (PTAB) has denied a petition for inter partes review of Phenix Longhorn LLC’s patent, ruling that the petitioner failed to properly address means-plus-function claim limitations as required by USPTO rules. Background In IPR2025-00044, Petitioner challenged claims 1-3, 5, and 6 of U.S. Patent No.…
PTAB Hands Tied on National Security as Chinese Firm Targets Micron Patent
The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) rejected Micron Technology’s arguments that national security and foreign policy concerns should prevent a Chinese memory manufacturer from challenging an American patent, highlighting current limitations on the Board’s discretionary authority. Central Dispute Over Chinese Government Involvement In a…
Dead Patents Walking: PTAB Review Survives Expiration
The U.S. Court of Appeals for the Federal Circuit delivered a noteworthy ruling on Jan. 27, 2025, definitively establishing that the Patent Trial and Appeal Board (PTAB) retains jurisdiction to conduct inter partes review (IPR) proceedings even after patents have expired. The decision in Apple Inc. v. Gesture Technology Partners,…
No More “Truffle Hunting”: USPTO Director Clarifies Petitioner Burden in § 325(d) Cases
In a significant decision that resolves ongoing disputes among Patent Trial and Appeal Board (PTAB) panels, Acting USPTO Director Coke Morgan Stewart has granted Director Review and established clearer standards for when inter partes review (IPR) petitions should be denied under 35 U.S.C. § 325(d) when prior art was previously…
Court Orders Production of Litigation Funding Agreements in Patent Case: Implications for Witness Bias
Recent Decision Highlights Discoverability of Funding Arrangements In a recent discovery dispute in the Northern District of California, Judge Sallie Kim has ordered the plaintiff to produce litigation funding agreements, finding them relevant to potential witness bias. The April 29, 2025 order in Correct Transmission, LLC v. Juniper Networks Inc…
USPTO Director Vacates PTAB Decision Over Privity Discovery Denial in Semiconductor Patent Dispute
In a significant ruling that could impact patent dispute procedures, Acting United States Patent and Trademark Office (USPTO) Director Coke Morgan Stewart has vacated a Final Written Decision by the Patent Trial and Appeal Board (PTAB) and remanded multiple cases back for further proceedings. The April 24 order addresses procedural…
Court Orders Patent Reassignment as Trade Secret Misappropriation Remedy in Insulet Case
A federal court in Massachusetts has granted in part a motion for permanent injunction against defendants found liable for misappropriating trade secrets related to an insulin patch pump, imposing several significant remedies including the reassignment of patent applications that incorporate the intellectual property. The case centered on Insulet Corporation’s Omnipod…