https://www.patentblurb.com/ 2026-05-04T12:35:58+00:00 https://www.patentblurb.com/ https://www.patentblurb.com/_media/wiki:logo.png text/html 2022-10-31T14:25:41+00:00 Anonymous (anonymous@undisclosed.example.com) https://www.patentblurb.com/legal:procedural:concurrent_proceedings?rev=1667226341&do=diff PTO and Court conflicting rulings Supreme Court denies cert. in Baxter (05/20/14) In Baxter Corp. v. Fresenius USA Inc., the Federal Circuit allowed a PTO Reexamination proceeding to declare a patent invalid even after a district court found it valid and infringed. In effect, the Federal Circuit allowed the PTO administrative ruling to overrule the district court. Today, the Supreme Court denied a certiorari petition filed by Baxter to appeal that Federal Circuit decision. text/html 2025-04-06T21:25:19+00:00 Anonymous (anonymous@undisclosed.example.com) https://www.patentblurb.com/legal:procedural:evidence?rev=1743974719&do=diff Evidence Divided Fed. Cir. panel upholds PTAB's obviousness without de novo review (posted 04/14/23) In [Roku, Inc. v. Universal Elec’s, Inc.], Case No. 2022-1058 (Fed. Cir. Mar. 31, 2023) (Reyna, Stoll, JJ.) (Newman, J., dissenting), the Federal Circuit reviewed a PTAB decision finding a patent for a universal remote control was patentable over prior art by looking only at the underlying factual issues leading to the obviousness decision, with those underlying factual issues being reviewed fo… text/html 2025-09-29T01:40:46+00:00 Anonymous (anonymous@undisclosed.example.com) https://www.patentblurb.com/legal:procedural:forfeiture?rev=1759110046&do=diff Forfeiture, waiver, or Disclaimer CAFC: Argument not repeated in a Request for Rehearing is not forfeited In [Voice Tech v. Unified Patents], the Fderal Circuit held that an argument not repeated in a Request for Rehearing is not forfeited: “The regulatory requirement that a rehearing request 'identify all matters the party believes the Board misapprehended or overlooked' . . . simply requires the party to identify the issues it wishes to present for rehearing. . . . text/html 2025-09-29T01:17:37+00:00 Anonymous (anonymous@undisclosed.example.com) https://www.patentblurb.com/legal:procedural:preliminary_matters?rev=1759108657&do=diff Preliminary Matters CAFC clarifies standing rules when appealing PTAB decisions In [Platinum Optics Tech. v. Viavi Solutions]: Standing, , the Federal Circuit held that a party does not need Article III standing to appear before an administrative agency, but standing is required once the party seeks review of an agency's final action in a federal court. text/html 2025-08-03T17:32:55+00:00 Anonymous (anonymous@undisclosed.example.com) https://www.patentblurb.com/legal:procedural:prosecution?rev=1754242375&do=diff Prosecution Before the USPTO Fed. Cir.: CIP cannot be converted to Divisional by amendment (posted 01/24/18) In [In re: Janssen Biotech, Inc.], the Federal Circuit upheld a double patenting rejection in an ex-parte reexamination after Janseen, during the reexamination, amended the application to remove added subject matter. The PTO entered the amendments for purpose of reexam but did not confirm the status of the application as a divisional. If it were to be considered a divisional, it cou… text/html 2025-09-29T01:26:27+00:00 Anonymous (anonymous@undisclosed.example.com) https://www.patentblurb.com/legal:procedural:start?rev=1759109187&do=diff Procedural Matters CAFC holds amended complaint does not prevent interlocutory order from merging with court's final judgment In [Koss Corp. v. Bose Corp.], the Federal Circuit held that filing a (second) amended complaint does not nullify an interlocutory order, which therefore merges with a court's final judgment. text/html 2022-10-31T14:25:41+00:00 Anonymous (anonymous@undisclosed.example.com) https://www.patentblurb.com/legal:procedural:venue?rev=1667226341&do=diff Procedural Considerations: Venue Albright's reasoning "entirely untethered to the facts," says Fed. Cir. (08/03/21) Private-interest factors for transfer motions: *** Public-interest factors for transfer motions: * * Factors relied upon by Albright's transfer denial.