August 16, 2021 Broad, Functional Claims Made it Hard to Presume Nexus for Commercial Success By: Bryan K. Wheelock
May 13, 2021 Federal Circuit Ignores Forum Selection Clause that Could Have Prevented IPR By: Bryan K. Wheelock
May 13, 2021 Federal Circuit Ignores Forum Selection Clause, Allowing IPR to Proceed By: Bryan K. Wheelock
January 6, 2021 Judgment of Non-Infringement Moots Appeal of PTAB Decision Sustaining Validity By: Bryan K. Wheelock
November 26, 2020 Petitioner Can Substantiate Prior Art When Challenged by Patent Owner By: Bryan K. Wheelock
September 25, 2020 Finding Claims Non-obvious Was Not Error, It Was the Application of the Proper Evidentiary Standard By: Bryan K. Wheelock
September 24, 2020 IPR Estoppel: It’s Not A Second Bite at the Apple if You Didn’t Get a First Bite By: Bryan K. Wheelock
September 5, 2020 §315(c) Does Not Allow Board to Join IPRs or to Add Issues to an IPR via Joinder By: Bryan K. Wheelock
July 30, 2020 Institution Decision Not Carved in Stone; Final Written Decision Can Differ By: Bryan K. Wheelock
July 22, 2020 PTAB is not Limited to § 102 and § 103 when Reviewing Amended Claims in IPR By: Bryan K. Wheelock
May 15, 2020 Federal Circuit to PTAB: Try Harder to Construe Patent Claims in IPR By: Bryan K. Wheelock
April 21, 2020 Wrong or Purposefully Evasive Decisions on IPR Time Bar Are Not Reviewable By: Bryan K. Wheelock
March 18, 2020 § 315(c) Does Not Authorize Joinder of Two Proceedings, or Joining a Person to a Proceeding in Which that Person is Already a Party By: Bryan K. Wheelock
February 19, 2020 Motivation to Combine Prior Art Can Come from Knowledge of those Skilled in the art, the Art Itself, or the Nature of the Problem By: Bryan K. Wheelock
February 6, 2020 Petitioner in an IPR is Entitled to Respond to Arguments Made by Patent Owner By: Bryan K. Wheelock