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[I-Glow]

Federal Circuit reverses PTAB decision on inter partes review framework

In a ruling last week (Monday), the Federal Circuit examined whether a burden-shifting framework, routinely applied in district court cases, equally applies in the context of inter partes reviews (IPRs). The Federal Circuit ruled that the framework is equally applied and reversed a Patent Trial and Appeal Board decision that held otherwise.

September 2018


Federal Circuit Again Reverses PTAB’s Finding of Unpatentability in Apple IPR Challenge

The Federal Circuit recently reversed a decision of the Patent Trial and Appeal Board (Board) finding claims of a patent owned by PersonalWeb Technologies, LLC to be invalid.  Apple, Inc. (Apple) petitioned for inter partes review (IPR), and the Board found certain claims of the patent to be invalid as obvious in light of two references.  The Federal Circuit reversed, holding the Board provided insufficient evidence to support a finding of inherency.

March 2019


Federal Circuit PTAB Appeal Statistics – September 15, 2018

Through September 15, 2018, the Federal Circuit decided 418 PTAB appeals from IPRs and CBMs.  The Federal Circuit affirmed the PTAB on every issue in 310 (74.16%) cases, and reversed or vacated the PTAB on every issue in 53 (12.68%) cases.  A mixed outcome on appeal, where at least one issue was affirmed and at least one issue was vacated or reversed, occurred in 40 (9.57%) cases.

The court dismissed 15 (3.59%) appeals without rendering a decision on the merits.

IG