The U.S. Court of Appeals for the Federal Circuit (CAFC) today vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) on two related inter partes reviews (IPRs), explaining that the Board’s determination that “prior art consisting of patents or printed publications” includes applicant admitted prior art (AAPA) was incorrect. The CAFC nonetheless remanded the case for the PTAB to decide “whether Apple’s petition nonetheless raises its § 103 challenge on the basis of prior art consisting of patents or printed publications.” Apple petitioned the PTAB to review the claims of U.S. Patent No. 8,063,674. In two separate decisions, the PTAB found several claims unpatentable under Section 103, basing its finding on a ground raised by Apple that relied in part on AAPA and a prior art patent. Apple also challenged the claims as unpatentable under Section 103 based on two prior patents and one publication, but the Board said that Apple had not proven unpatentability on this ground.
- Recapping Abitron at the High Court: The Long Arm of the…Lanham Act?
- Why the Supreme Court Should Weigh in on CMI Violations Under the DMCA
- Precooked Bacon, Artificial Intelligence Patents, and a Defense of the Common Law
- SCOTUS Kills Hope for Eligibility Certainty and Nixes Teva’s ‘Skinny Label’ Appeal
- Newman Says Moore’s Order Alleging She is Unfit for Court is ‘Riddled with Errors’
- UKIPO Issues New Trademark Guidance on NFTs, the Metaverse and Virtual Goods
- Other Barks & Bites for Friday, May 26: USPTO Proposes Track Three Pilot Program for Micro Entity Patent Applicants; LeBron James Joins Taco Tuesday Trademark Battle; European Commission Releases List of Countries with Concerning IP Rights Protections
- Former Copyright Office GC Tells House IP Subcommittee His Counterpart Got It Wrong on AI Fair Use
- Clause 8: Tom Irving on Litigating the First Hatch-Waxman Case and Mentoring Thousands in the Patent Field
- IP Goes Pop! – Streamlining Copyright Disputes: The Copyright Claims Board