Updates on IP news from our global team!

In a recent appellate decision, the United States Court of Appeals for the Federal Circuit (CAFC or Federal Circuit) affirmed a ruling by the Patent Trial and Appeal Board (PTAB), finding all challenged claims of U.S. Patent No. 10,572,429 (“the ‘429 patent”) unpatentable as obvious. The case, Sanho Corp. v. Kaijet Tech. Int’l Ltd., centers around the interpretation of the phrase “publicly disclosed” within the statutory exception to prior art under AIA 35 U.S.C. § 102(b)(2)(B).  This ruling has significant implications for how prior art is determined and how inventors may protect their innovations under the America Invents Act (AIA).

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In SoftView v. Apple, the U.S. Court of Appeals for the Federal Circuit (CAFC or Federal Circuit) has recently clarified an important aspect of collateral estoppel. The case concerns the U.S. Patent and Trademark Office’s (USPTO or Office) authority related to the estoppel provision applicable to inter partes reexamination, 37 C.F.R. § 42.73(d)(3)(i), and whether it may be properly applied by the Office to issued patent claims as well as amended claims pending during the reexamination proceeding.

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A recent decision by the United States Court of Appeals for the Federal Circuit (CAFC or Federal Circuit) in Mobile Acuity Ltd. v. Blippar Entities highlights important questions regarding the use of a representative patent claim when analyzing 35 U.S.C. § 101 subject matter eligibility under the U.S. Supreme Court’s familiar Alice/Mayo framework.  The opinion outlines the critical role that representative claims play in litigation and reaffirms the district court’s discretion to compel a patent owner to present substantive argument against the classification of claims as representative at the earliest pleading stage of the case.

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Congratulations to Jonathan Osha, Carlyn Burton, and Jeffrey Bergman on their inclusion to the 2025 Best Lawyers list.

OBWB will be participating at CIPAC in Beijing. We welcome fellow attendees to visit our exhibition booth at the conference. OBWB partner Thomas Scherer will be giving a presentation on the en banc decision in the LKQ v. GM case.  

Our OBWB team looks forward to participating in AIPPI's 2024 World Congress!

www.obwb.com