May 19, 2020 More Mischief from Exempting Agency Action from Review: Real Party in Interest in IPR not Reviewable By: Bryan K. Wheelock
April 30, 2020 Claims to System that Reduced Transmission Delays Are Patent Eligible and Not Merely Data Manipulation By: Bryan K. Wheelock
April 30, 2020 Board Misconstrued Scope of Prior Art By Relying on Reference Numerals in its Claims By: Bryan K. Wheelock
April 24, 2020 Losing the Right to Challenge a Patent is not Enough to Confer Standing to Appeal IPR Decision By: Bryan K. Wheelock
April 22, 2020 Assignor Estoppel Cannot Resurrect Patent Invalidated in an IPR, but it Can Save Patent from Challenge in District Court By: Bryan K. Wheelock
April 21, 2020 Getting the Infringement Case Dismissed as Moot Still Counts as a Win By: Bryan K. Wheelock
April 21, 2020 The Scope of Patent Term Extension under 35 USC §156 Only Includes the Active Ingredient of an Approved Product By: Bryan K. Wheelock
April 20, 2020 Selection of Primary Reference in Design Patent Case is a Question of Fact that Should Not be Resolved on Summary Judgment By: Bryan K. Wheelock
April 17, 2020 Patent Claims Focusing on Improving Cardiac Monitoring Technology are Eligible Subject Matter By: Bryan K. Wheelock
April 10, 2020 Who Knew? Banks are People and Can Petition for Post-issuance Review, Too By: Bryan K. Wheelock
April 9, 2020 A Patent Claim is not Indefinite Merely Because Infringement Can’t be Determined in Advance By: Bryan K. Wheelock
April 9, 2020 The Board Can Identify New Issues of the Patentability of Amended Claims; But Must give the Parties Notice By: Bryan K. Wheelock
April 8, 2020 Similar Compounds at Overlapping pH’s Created Prima Facie Case of Obviousness By: Bryan K. Wheelock
April 8, 2020 Licensing of Process, and Sale of the Business using Process, did not put Invention on Sale By: Bryan K. Wheelock
April 8, 2020 Erroneous Patent Claim Interpretation and Misunderstanding of Case Law Results in Reversal of No Anticipation By: Bryan K. Wheelock
April 3, 2020 Allegations of Infringement Should not have been Enjoined without Evidence of Bad Faith By: Bryan K. Wheelock
March 17, 2020 An Improved Step in a Diagnostic Method is Patentable Subject Matter By: Bryan K. Wheelock
March 16, 2020 Design Patent Infringement Affirmed Where Defendant Did Not Proffer Jury Instructions or Introduce Prior Art By: Bryan K. Wheelock
March 13, 2020 Prosecution History Doesn’t Have to Rise to the Level of Disclaimer to Inform the meaning of the Disputed Claim Term By: Bryan K. Wheelock