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Smoothing the Way for Appellate Success in the PTAB

PTAB Alert: When the Federal Circuit remands your case back to the PTAB, be prepared to move quickly and smartly.

Rehearing Wins Institution of Inter Partes Review

PTAB Alert: On rare occasions, the Patent Trial and Appeal Board will reconsider its decision declining to institute an inter partes review (IPR). It helps if you can show that the judges misapplied a relevant legal doctrine.

Federal Circuit Is Finding More Inventions Patent-Eligible Despite Supreme Court’s Rigid Standard

Through artful interpretation of the Supreme Court’s rigid guidelines in Alice (2014) for determining patent-eligibility, the Federal Circuit has recently offered patent protection to once seemingly endangered inventions.

Federal Circuit Gives Life to Patent Claim Amendment Strategies in Inter Partes Review

Amending a patent claim in the midst of an inter partes review (IPR) is still hard for a patent owner, but the Federal Circuit has just made it a bit easier.

Patent Office Cracks Down On Repetitive Validity Challenges

Get your IPR arguments right the first time: The patent office sees objectionable unfairness in second-bite challenges to a patent’s validity.

Federal Circuit Tells Patent Office: Rejecting Claims for Obviousness Must Be Better Supported

Federal Circuit warns: If the patent office sees reason to reject patent claims for obviousness, it had better articulate that reason better than it has been accustomed to.

Corporations Cannot Be Sued for Patent Infringement in a Judicial District Simply Because Their Employees Happen to Work from Home There

The Eastern District of Texas has embraced its longtime status as a patent owner’s favorite trial court. The Federal Circuit has now cautioned that court to take seriously last summer’s Supreme Court decision restricting where corporations can be sued.

A Patent License Conundrum:
Is the Definition of “Valid Claim” Subject to Arbitration?

An arbitration clause in a patent license cannot be avoided even when the licensee calls the patent’s validity into question.

IP Decisions Expected from the Supreme Court This Year

Read our roundup of IP cases on this season’s Supreme Court docket.

We’re Not in Texas Anymore: Supreme Court Drastically Limits Where You Can Sue for Patent Infringement

Patentees have long had their choice of courts in which to file infringement lawsuits, often seeking advantage in the Eastern District of Texas. The Supreme Court has now drastically curtailed where an allegedly infringing corporation can be sued.