The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday held that the Patent Trial and Appeal Board (PTAB) incorrectly found certain claims of SynQor, Inc.’s U.S. Patent No. 7,072,190 unpatentable as obvious in an inter partes reexamination proceeding. The CAFC said that the PTAB’s previous reexamination decisions on related patents gave rise to common law issue preclusion that collaterally estopped the Board from such a finding. Judge Hughes authored the majority opinion and Judge Dyk dissented, calling the ruling “without support and contrary to governing Supreme Court authority.”
Litigation
- Alice-Insanity (Part One), or Why the Alice-Mayo Test Violates Due Process of Law
- Reexamining Three Preconceived Notions of SEPs as the 5G Patent Wars Ignite
- Judge Koh Responses on Antitrust-IP Intersection Promise More of the Same
- The Fintiv Deception: Leahy’s Legislative ‘Fix’ is Unwarranted in Light of Sotera Wireless
- Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees
Recent Posts
- IP/Antitrust Policy Changes are Afoot in the Biden Administration’s DOJ
- Alice-Insanity (Part One), or Why the Alice-Mayo Test Violates Due Process of Law
- Reexamining Three Preconceived Notions of SEPs as the 5G Patent Wars Ignite
- Jonathan Kanter Responses to Senate Provide Insight on Approach to Antitrust-IP Nexus
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