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USPTO Accommodating of Parties in Wake of Video Conference Announcement

On Friday, March 13, in response to the coronavirus disease (“COVID-19”) outbreak, the United States Patent and Trademark Office (“USPTO”) announced that “Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB) oral hearings, and other similar in-person meetings with parties and stakeholders scheduled to take place at USPTO offices on or … Continue Reading

Federal Circuit Holds PTAB Cannot Cancel Claims as Indefinite in IPR; Where Claims Cannot be Construed, PTAB’s Authority Limited to Denying Institution or Saying So in Final Written Decision

In Samsung Electronics America, Inc. v. Prisua Engineering Corp., No. 2019-1169 (Fed. Cir. Feb. 4, 2020), the Federal Circuit squarely held that the Patent Trial and Appeal Board lacks the power to cancel patent claims for indefiniteness in an IPR, regardless of whether indefiniteness is raised by petitioner or on its own accord.  If claims … Continue Reading

It’s Printed, But Is It Published? The PTAB Expands Its Discussion of Prior Art Status

Following the Patent Trial and Appeal Board’s (PTAB) Precedential Opinion Panel’s selection of Hulu, LLC v. Sound View Innovations, LLC[1] as precedential, on January 23, 2020, the PTAB issued a non-precedential decision in Cisco Systems, Inc. v. Centripetal Networks, Inc.[2]  In Cisco, the PTAB provided yet more discussion of criteria for determining whether a printed … Continue Reading
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