February 2020

General Electric v. United Technologies Corp.

General Electric petitioned for an IPR against a United Technologies patent relating to gas turbine engines. General Electric was unsuccessful against certain claims, and sought to appeal. While there is a statutory right to appeal, the Federal Circuit dismissed General Electric’s appeal for lack of Article III standing. See Gen. Elec. Co . v. United Techs. Corp., 928 F.3d 1349 (Fed. Cir. 2019).
Continue Reading Standing to Appeal

Samsung Electronics Co., Ltd. v. NuCurrent, Inc., IPR2019-00860 (February 7, 2020) (Paper No. 15).

Samsung filed two IPR petitions against NuCurrent’s U.S. Patent No. 8,680,960, which related to a multi-layer-multi-turn structure for high efficiency inductors. The first petition was IPR2019-00858 based upon the Lee reference, and the second petition was IPR2019-00860 based upon the Partovi reference. Both petitions challenged the same claims of the ‘960 patent. The ‘858 IPR was instituted, but the ‘860 IPR was not instituted due to redundancy.
Continue Reading A Rare Rehearing by the PTAB

Samsung Electronics America, Inc. v. Priusa Engineering Corp., Appeal Nos. 2019-1169, -1260 (Fed. Cir. Feb. 4, 2020).

Samsung filed an IPR petition against claims 1-4, 8 and 11 of U.S. Patent No. 8,650,591 owned by Priusa. The ‘591 patent was directed to editing video streams by substituting one object for a different one, such as a face. Slip op. at 4-5.
Continue Reading The PTAB Definitely Cannot do That

This article was published in February 2020 issue of IP Strategist. Copyright © 2020 ALM Media Properties, LLC.  It is republished here with permission.

The U.S. Supreme Court is set to determine just how “final and nonappealable” a decision to institute an inter partes review is. The highest court is primed to render yet another opinion related to patent and administrative law in Thryv, Inc. v. Click-to-Call Techs., L.P., No. 19-916 (2019) after oral arguments were heard on Dec. 9, 2019.
Continue Reading Do Not Pass Go? U.S. Supreme Court to Review Federal Circuit’s Finding of Justiciability