Klarquist News & Insights

PTAB

Definite I win, indefinite you lose

In a trio of cases over the past year, the Board has denied institution or terminated IPR proceedings because it found that the challenged claims were indefinite and, therefore, could not be construed. Although that result means no IPR finding of unpatentability, it does leave in its wake a very probative–but not binding–finding of indefiniteness […]

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PTAB

No second guessing the PTAB: Federal Circuit reverses E.D. Tex. denial of stay pending CBM review in automatic appeal under AIA § 18(b)(2).

In an automatic interlocutory appeal from the district court’s denial of defendants’ motion to stay pending CBM review, the Federal Circuit found that the district court committed legal error by reviewing the PTAB’s decision to institute. The district court had given little weight to Section 18(b)(2)’s “simplification of issues” and “burden of litigation” factors, largely […]

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