Tag Archives: IPR

The CAFC Rules That It Lacks Jurisdiction To Review PTAB’s Denial Of Institution On “Redundant” Grounds

The Federal Circuit’s Harmonic Inc. v. Avid Tech decision last week is the latest in a string of decisions from the CAFC ruling that it lacks jurisdiction to review various aspects of PTAB institution decisions.  In this case, the CAFC ruled that it lacks jurisdiction to review the PTAB’s decision not to institute an IPR … Continue Reading

The Supreme Court Will Review Inter Partes Review Standards

CUOZZO SPEED TECHNOLOGIES, LLC, PETITIONER v. MICHELLE K. LEE, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, PATENT AND TRADEMARK OFFICE, the Court of Appeals for the Federal Circuit held that (1),  in Inter Partes Review (IPR) proceedings, the broadest reasonable interpretation (BRI) standard is appropriate for  an issued patent (as opposed to plain … Continue Reading

The CAFC Reverses And Remands The PTAB’s IPR Decision Canceling All Claims Based On Erroneous Claim Construction

For the third time in November, the CAFC found legal error in a PTAB final written decision—this time based on an erroneous claim construction.  In Straight Path v. Sipnet (Fed. Cir. Nov. 25, 2015), the PTAB instituted an IPR for claims 1-7 and 32-42 of a patent directed to establishing real-time communications between computers over … Continue Reading
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