The Federal Circuit Finds Standing to Appeal Reexamination Decisions Even Though the Reexamination Requestor Had Not Been Sued For Infringement At the Time the Reexaminations Were Filed and Decided, but Nonetheless Dismissed the Appeal as Moot Due to Patentee’s Covenant Not to Sue

PPG INDUS., INC. v. VALSPAR SOURCING, INC.: Feb. 9, 2017. Before Newman, Chen, and Stoll. Takeaways: A reexamination requestor has standing to appeal the PTAB’s reexamination decisions even though the requestor had not been sued for infringement at the time the reexaminations were initiated and decided, if the reexamination requestor …

Federal Circuit Dismisses Case As Moot Based On Cancellation of Asserted Claims During Ex Parte Reexamination

Authored by Georg C. Reitboeck, Peter A. Sheppard, and Alex Lei Digest of Target Training Int’l, Ltd. V. Extended Disc Int’l, Inc., No. 2015-1856 (Fed. Cir. April 22, 2016) (non-precedential). On appeal from S.D. Tex. Before Prost, Dyk, and O’Malley. Procedural Posture: Plaintiff-appellant appealed from grant of motion to dismiss …

Dismissal Based on Cancellation of Asserted Claims During Ex Parte Reexamination

Authored by Georg C. Reitboeck, Peter A. Sheppard, and Alex Lei Digest of Target Training Int’l, Ltd. v. Extended Disc N. Am., Inc., Nos. 2015-1873, -1908 (Fed. Cir. April 22, 2016) (non-precedential). On appeal from S.D. Tex. Before Prost, Dyk, and O’Malley. Procedural Posture: Plaintiff-appellant appealed from grant of motion …

Federal Circuit Upholds IPR Final Decisions That Address Fewer Than All of the Challenged Claims

Authored by Mark Chapman, Caryn Harsche, and Kulsoom Hasan Digest of Synopsys, Inc. v. Mentor Graphics Corp., Nos. 2014-1516, 2014-1530 (Fed. Cir. Feb. 10, 2016) (precedential). On appeal from PTAB IPR No. 2012-00042. Before Newman, Dyk, Wallach. Procedural Posture: Petitioner Synopsys appeals an IPR final decision where the Board found …

CAFC finds appeal of Board’s decision to cancel trademark registration moot.

  Case: Cigar King, LLC v. Corporacion Habanos, S.A., No. 2013-1531 (Fed. Cir. May 23, 2014) (non-precedential). On appeal from the Trademark Trial and Appeal Board in Cancellation No. 92053245. Before Prost, Mayer, and Hughes. Procedural Posture: Trademark owner appealed the Board’s cancellation of two trademark registrations. CAFC dismissed as moot. …