In a recent decision from the U.S. District Court for the Northern District of Georgia, the Court granted motions to dismiss and for judgment on the pleadings, invalidating two patents related to software for detecting cheating in the card game bridge. The ruling underscores the ongoing challenges for software patents…
The U.S. Patent and Trademark Office issued a significant policy shift on July 31, 2025, announcing it will strictly enforce a procedural rule that has been loosely applied for years, potentially making it harder for challengers to invalidate patents through inter partes review (IPR) proceedings. Key Policy Change The USPTO…
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…
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…
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…
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.…
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…
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,…
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…
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…