En Banc Federal Circuit to Decide Reviewability of PTAB Time-Bar Decisions

Authors: James D. Stein
Editor: Jason E. Stach

The Federal Circuit has found that it may not review a PTAB determination that an IPR petition was timely-filed within 35 U.S.C. § 315(b)’s 1-year bar. Achates Reference Publishing Inc. v Apple Inc., 803 F.3d 652 (Fed. Cir. 2015). The law may soon change, as the Federal Circuit recently granted Wi-Fi One’s petition for rehearing en banc of its September decision that it may not review the PTAB’s finding that Broadcom’s IPR petitions were not time-barred. Wi-Fi One, LLC v. Broadcom Corp., Nos. 2015-1944, -1945, -1946 (Jan. 4, 2017). Continue reading

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Federal Circuit PTAB Appeal Statistics – January 1, 2017

Authors: David C. SeastrunkDaniel F. Klodowski, Elliot C. Cook
Editor: Jason E. Stach

Through January 1, 2017, the Federal Circuit decided 155 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 120 (77.42%) of the cases, and reversed or vacated the PTAB on every issue in 13 (8.39%) of the cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 14 (9.03%) of the cases.

jan-2017-federal-circuit-stats-ipr-cbm-appeals-combined

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IPR and CBM Statistics for Final Written Decisions Issued in November 2016

Authors: Daniel F. Klodowski, Elliot C. CookDavid C. Seastrunk
Editor: Aaron L. Parker

In the 75 Final Written Decisions issued by the Patent Trial and Appeal Board in November, the Board cancelled 806 (71.14%) of the instituted claims and declined to cancel 327 (28.86%) of the instituted claims.  Patent owners did not concede any instituted claims through motions to amend or disclaimer.

ptab-stats-claim-and-case-disposition-ipr-claim-november-stats Continue reading

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