U.S. Supreme Court Clarifies Scope of Who Can Bring an IPR The U.S. Supreme Court has ruled that because portions of the Patent Act refer to “persons” who may initiate Inter Parties Patent Proceedings seeking to invalidate an issued patent, government entities, such as the … [Read more...] about Government Entities Cannot Initiate Inter Parties Patent Proceedings to Invalidate Patents
Nike vs. Adidas in IPR Patent Dispute Appeal
In Nike, Inc. v. Adidas AG, 2014-1719 (Fed. Cir. Feb. 2016) (Available Here), the Federal Circuit found that the Board did not err by placing the burden on Nike, the patent owner, to establish patentability over the prior art of Nike’s proposed substitute claims. However, the … [Read more...] about Nike vs. Adidas in IPR Patent Dispute Appeal
A Single PTAB Panel May Institute IPR and Make Final Decision
In Ethicon Endo-Surgery, Inc. v. Covidien LP, 2014-1771 (Fed. Cir. 2016)(Available Here), the Federal Circuit held that neither the statute nor the Constitution precludes the same Patent Trial and Appeal Board (“PTAB” or “Board panel”) that makes a decision to institute an inter … [Read more...] about A Single PTAB Panel May Institute IPR and Make Final Decision