On September 4, the United States Court of Appeals for the Federal Circuit (CAFC) modified and reissued its March 18, 2020 opinion in Facebook v. Windy City Innovations, LLC, following Facebook’s combined petition for panel rehearing and rehearing en banc. In the March 18 opinion, the CAFC ruled that the Patent Trial and Appeal Board (PTAB) erred both in allowing Facebook to join itself to a proceeding in which it was already a party, and in allowing Facebook to add new claims to the inter partes reviews (IPRs) at issue through that joinder.
Litigation
- Vidal Bans OpenSky from VLSI IPR in Precedential Director Review Decision
- CAFC Affirms Merck’s Win at PTAB over Mylan Challenge to Diabetes Treatment Claims
- Federal Circuit Clarifies Alice Step Two Analysis in Reversal of District Court’s Rule 12 Dismissal
- Jump Rope Company Asks High Court to Weigh in on CAFC Approach to Collateral Estoppel for PTAB Invalidations
- Review Not Warranted: SG Tells SCOTUS to Scrap Amgen’s Case on Enablement Test for Biotech Patents
Recent Posts
- Vidal Bans OpenSky from VLSI IPR in Precedential Director Review Decision
- USPTO Publishes RFC on Continuation and Other Criticized Patent Practices
- Claiming the Solid Form: Balancing Language and Data for Success
- IP Goes Pop! Episode 309: Game Changing Inventions Part 1- the 1800s
- IEEE Approves Pro-Patent Holder Policy Updates