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.…
Patent Lawyer Blog
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…
USPTO Director Vacates PTAB Decision, Denies Institution of Inter Partes Review in Motorola-Stellar Patent Dispute
In a significant reversal for Petitioner Motorola Solutions, the Acting Director of the United States Patent and Trademark Office (USPTO) has granted Stellar LLC’s request for Director Review, vacated the Patent Trial and Appeal Board’s (PTAB) earlier decision instituting inter partes review of four patents, and denied institution. The March…
USPTO Memo Signals Increased Discretionary Denials as Director Takes Direct Control of PTAB Institution Decisions
On March 26, 2025, the United States Patent and Trademark Office (USPTO) announced temporary changes to how the Patent Trial and Appeal Board (PTAB) will manage its workload, particularly concerning America Invents Act (AIA) trial proceedings such as inter partes reviews (IPRs) and post-grant reviews (PGRs). Key Changes to Institution…
Court Denies Abbott’s Summary Judgment Motion in Patent Infringement Case: A Lesson in Joinder Rules
In a recent decision from the United States District Court for the District of Massachusetts, the district court denied Abbott Laboratories’ motion for summary judgment in a patent infringement case involving multiple pharmaceutical companies. This ruling offers valuable insights into the application of Rule 19 joinder requirements in patent litigation.…