Shearman & Sterling LLP | IP Blog
IP Litigation
This links to the home page
FILTERS
  • Federal Circuit Argues Over IPR Appeal Procedure
     
    03/27/2018

    On March 23, 2018, a divided panel of the United States Court of Appeals for the Federal Circuit (CAFC) found that the Patent Trial and Appeal Board (PTAB) had not sufficiently explained its reasoning in a final written decision invalidating certain patent claims, and reversed the invalidity ruling.  DSS Tech. Mgmt. v. Apple Inc., appeal nos. 2016-2523 and 2016-2524.  One member of the panel (Newman, J.) dissented, both on the merits, and on whether the panel should have ordered remand instead of reversing.

    Read more
  • In IPR Appeal, Federal Circuit Holds That Collateral Estoppel Arises From Prior Claim-Construction Ruling
     
    03/20/2018

    On March 13, 2018, the United States Court of Appeals for the Federal Circuit (CAFC) ruled that a party was collaterally estopped to challenge a Patent Trial and Appeal Board (PTAB) ruling on a claim-construction issue.  The estoppel arose from a previous IPR decision concerning a related patent.  Nestle USA, Inc. v. Steuben Foods, Inc., appeal no. 2017-1193.

    Read more