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Articles by Kevin Spinella
Federal Circuit Clarifies Patent Eligibility for Mechanical-Automation Tech | JD Supra
The Federal Circuit’s decision in PowerBlock Holdings, Inc. v. iFit, Inc., No. 24-1177 (Fed. Cir. Aug. 11, 2025) offers new subject matter eligibility guidance under 35 U.S.C. § 101 for mechanical-automation patents reciting physical components as opposed to purely software-based automation patents. View decision here. Procedural Background and Decisions On October 5, 2022, PowerBlock Holdings, Inc.
USPTO Restricts Use of AAPA and Other General Knowledge Evidence in IPR Proceedings | JD Supra
On July 31, the US Patent and Trademark Office (USPTO) issued a new memorandum announcing that it will begin enforcing 37 C.F.R. § 42.104(b)(4) that requires petitioners in inter partes review (IPR) proceeding to “specify where each element of the claim is found in the prior art patents or printed publications relied upon.” The memorandum makes clear that applicant admitted prior art (AAPA), expert testimony, common sense, and other general knowledge evidence can no longer be used to supply a...
USPTO Restricts Use of AAPA and Other General Knowledge Evidence in IPR Proceedings
On The memorandum makes clear that applicant admitted prior art (AAPA), expert testimony, common sense, and other general knowledge evidence can no longer be used to supply a missing claim limitation. Going forward, IPR petitioners should map every claim limitation to express disclosures in prior art references and only use general knowledge to support a motivation to combine or to demonstrate the knowledge of a person having ordinary skill in the art.
Federal Circuit Narrows Scope of IPR Estoppel, Resolving District Court Split | JD Supra
The Federal Circuit recently clarified in Ingenico Inc. v. IOENGINE, LLC that inter partes review (IPR) estoppel does not extend to physical systems described in prior art patents or printed publications. In doing so, the Federal Circuit resolved a long-standing district court split by confirming that system prior art defenses are viable post-IPR, even if those systems were described in prior art patents and printed publications that could have been raised in the underlying IPR proceeding.
Federal Circuit Narrows Scope of IPR Estoppel, Resolving District Court Split
On In doing so, the Federal Circuit resolved a long-standing district court split by confirming that system prior art defenses are viable post-IPR, even if those systems were described in prior art patents and printed publications that could have been raised in the underlying IPR proceeding. Background On March 23, 2018, IOENGINE, LLC sued Ingenico Inc. in the District of Delaware for infringement of various patents, including US Patent Nos. 9,059,969 (’969 patent) and 9,774,703 (’703 patent).
Two NHK Spring Denials Apply Fintiv Factors
To print this article, all you need is to be registered or login on Mondaq.com. Discretionary denial of inter partes review under 35 U.S.C. § 314(a) is guided by the precedential decision NHK Spring Co. v. Intri-Plex Technologies, Inc., IPR2018-00752, Paper 8 (PTAB Sept. 12, 2018). Denial under NHK is further guided by Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB Mar.
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Second Infringement Action Against Customers Of Earlier Defendant Barred By Claim Preclusion
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