As reported in the Staas & Halsey New Bulletin of July 13, 2020, the United States Patent and Trademark Office (USPTO) launched a Fast-Track Appeals Pilot Program to speed up patent examination and ex parte appeals. Under the Fast-Track Appeals Pilot Program, the USPTO expected the average ex parte appeal […]

In Infinity Computer Products, Inc. v. Oki Data Americas, Inc. The U.S. Court of Appeals for the Federal Circuit affirmed a district court’s decision to invalidate US Patent. No. 6,894,811 (‘811) and three other related patents due to indefiniteness. Patent 6,894,811: Patent ‘811 was directed to “using a fax machine […]

Claim definiteness is increasingly playing a more critical role in claim construction, considering the scrutiny afforded petitioners in inter-partes examination proceedings (IPRs) challenging validity of patents before the USPTO. Even though indefiniteness is not a basis to institute an IPR, claim indefiniteness can cause claim construction confusion. The trend to […]

On February 11, 2021, the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a district court’s judgment as a matter of law (“JMOL”) that Amgen’s asserted claims to binding affinity of antibodies were invalid for lack of enablement, holding that undue experimentation would be required to practice the […]

A recent case between two medical device companies raised the question of the constitutionality of the method in which Patent Trial and Appeal Board (PTAB) judges are appointed. PTAB judges are administrative patent judges who examine patents whose validity is questioned and hear appeals from patentees whose patent applications have […]