IP Newsflash Blog

Expired Patents Are Not Immune to Challenges at the Patent Trial and Appeal Board

June 6, 2025 Patent Trial & Appeal Board, IPRs

In a precedential opinion, the Federal Circuit definitively held that the Patent Trial and Appeal Board has jurisdiction over IPRs that concern expired patents.

June 6, 2025

Stipulated Motion to Stay Denied Until All Defendants Agree to be Bound by IPR Estoppel

May 13, 2025

Federal Circuit: Patent Term Extension for Reissued Patents is Calculated Using the Original Patent’s Issue Date Where the Original Patent Covers the Drug Product

April 23, 2025

Federal Circuit: PTAB Decision of Invalidity Cannot Estop District Court Litigation on Different Claims from the Same Patent, Even When the Claims are Patentably Indistinct

April 7, 2025

Plaintiff’s Declaratory Action Not Anticipatory Litigation Due to Patentee’s Delayed Response to Licensing Request

April 1, 2025

District Court: Common Interest May Protect Communications with Third Parties from Discovery, but Not Always

March 24, 2025

Federal Circuit: Private Sale by Inventor Does Not Trigger Prior Art Exception Under the AIA

March 21, 2025

US Supreme Court: 'Defendant’s Profits' Are Limited to Named Defendants Under the Lanham Act

March 4, 2025

USPTO Withdraws Fintiv Memo on Discretionary Denials in Post-Grant Proceedings

March 3, 2025

Lack of History of Representation Before the Patent Office Favors Patent Prosecution Bar

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