Non-Profit Organization Appellee Described as Representing the Public Interest Not Excluded from Appearing in Court to Defend a PTAB Decision

PERSONAL AUDIO v. ELECTRONIC FRONTIER FOUNDATION: August 7, 2017.  Before Newman, Clevenger, and O’Malley   Takeaway: A non-profit organization appellee described as representing the public interest is not excluded from appearing in court to defend a PTAB decision in view of the Consumer Watchdog decision with the appellant satisfying the …

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 the Appeal of the PTAB’s Decision in an Inter Partes Review Because the Appellant Lacks Standing

PHIGENIX, INC. v. IMMUNOGEN, INC., No. 2016-1544 (Fed. Cir. January 9, 2017) (precedential).  On appeal from PTAB.  Before Dyk, Wallach, and Hughes. Procedural Posture: Appellant Phigenix sought IPR of U.S. Patent No. 8,337,856 (“the ’856 patent”), alleging obviousness in view of the provided prior art. In its final written decision, the …

Federal Circuit affirms Summary Judgment of No Infringement of a Patent Directed to a Process for the Coproduction of Ethylene and Purified Benzene from Refinery Mixtures

Authored by Paul Qualey, Ksenia Takhistova, and Roman Khasidov David Netzer Consulting Eng’r LLC v. Shell Oil Co., No. 2015-2086 (Fed. Cir. May 27, 2016) (precedential).  On appeal from S.D. Tex.  Before Prost, Lourie and Taranto. Procedural Posture: Plaintiff, the owner of a patent on a process for the coproduction of …

Dismissal Affirmed on the Ground that Agreements with Original Assignee Did Not Confer Patentee Status on Plaintiff

Authored by Mark A. Chapman, Qi Zhao, and Armin Ghiam Digest of Diamond Coating Techs. v. Hyundai Motor America, Nos. 2015-1844 and 2015-1861 (Fed. Cir. May 17, 2016) (precedential). On appeal from C.D. Cal. Before Wallach, Bryson and Taranto. Procedural Posture:  Plaintiff-Appellant Diamond appealed district court’s dismissals on the grounds …