IP Insights

Administrative Patent Judges Should Not Need to Search for Arguments in IPR: Split Panel Affirms Decisions Finding Claims Not Unpatentable


By Michael Dorfman | November 2, 2023

In an October 25, 2023 precedential opinion in Netflix, Inc. v. DivX, LLC (available here), the Federal Circuit affirmed two final written decisions finding claims of two patents directed to adaptive bitrate streaming not unpatentable.  In so doing, the Federal Circuit rejected Netflix’s argument that the Board failed to consider all of its arguments.   […]


continue reading >>

Cellect Has Four Patents Retroactively Invalidated Based on Other Patent Family Members


By James Harris | September 12, 2023

In the precedential case In re: Cellect, LLC, Docket Nos. 2022-1293, 1294, 1295, and 1296 (Fed. Cir., Aug. 28, 2023), the Federal Circuit affirmed the PTAB’s invalidation of four expired Cellect patents during ex parte reexamination.  Even though the four patents were expired, they were still within a back damages period, and Cellect had sued […]


continue reading >>

Arguments in Reply on IPR Remand Were Not New Theories and Could be Considered


By Michael Dorfman | August 24, 2023

In an August 11, 2023 precedential opinion in Rembrandt Diagnostics, LP v. Alere, Inc. (available here), the Federal Circuit affirmed a final written decision finding claims of a patent directed to testing biological fluids unpatentable for obviousness.  In so doing, the Federal Circuit found that Alere, Inc. (“Alere”) did not offer new theories in its […]


continue reading >>

Lacks Family Achieves Settlement Over Matriarch’s Genetic Legacy, the HeLa Cell Line


By Natalie Grace | August 9, 2023

Arguably the most famous genetic material in the world, the HeLa cell line, propagated using a tissue sample obtained from a tumor growing in Henrietta Lacks’ cervix in 1951, provided researchers with a tool that propelled cellular research into the future and continues to enable countless medical advances.  HeLa, named from the first two letters […]


continue reading >>