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On April 19, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) that proposes rules regarding the exercise of discretion to...
More than a decade ago Congress considered, and rejected, any standing requirements for post-grant proceedings. Congress could hardly have been more explicit. The provisions were...
Supreme Court to hear case that could change landmark precedent - Earlier this month, the U.S. Supreme Court announced that during its next term it will hear a case that...
Monday, May 17, 2021 In a precedential decision, the Federal Circuit held that Apple lacked standing to appeal from its loss as petitioner in a couple of inter partes reviews (IPRs) against patent owner Qualcomm. 1 Background Qualcomm sued Apple in the United States District Court for the Southern District of California for infringing claims of two patents, U.S. Patent No. 7,844,037 (the ‘037 patent) and U.S. Patent No. 8,683,362 (the ‘362 patent). 2 Apple sought an IPR of claims 1-14, 16-18 and 19-25 of the ‘037 patent, and an IPR of claims 1-6 and 8-20 of the ‘362 pat...