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Facebook Inc. v. Windy City Innovations LLC (Fed. Cir. Mar 18, 2020)

The Federal Circuit held that 35 U.S.C. § 315(c) does not authorize petitioners to the Patent Trial and Appeal Board (PTAB) to join themselves as a party to an earlier filed inter partes review. CAFC also held that joinder of petitions may not be used as a means to add new issues to an earlier instituted inter partes review.

This is contrary to a PTAB Precedential Opinion Panel, Proppant Express Investments, from March 2019 which had indicated that parties can join their own petitions.

Read the case here.

#joinder #interpartesreview #precedentialopinionpanel

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SIMO Holdings Inc. v. Hong Kong uCloudlink Network Technology, Ltd. (Fed. Cir. Jan. 5, 2021)

The Court of Appeals for the Federal Circuit ruled that uCloudlink is entitled to summary judgment of noninfringement after rejecting the district court’s claim construction which did not require a "n

USPTO introduces rule changes pertaining to small entity status

The United States Patent and Trademark Office announced that changes to the rule pertaining to government use licenses and the small entity status for paying discounted patent fees will go into effect

SIPCO, LLC v. Emerson Electric Co. (Fed. Cir., Nov. 17, 2020)

In light of the Supreme Court's decision in Thryv, Inc. v. Click-to-Call Technologies, LP, 140 S. Ct. 1367 (2020), the Court of Appeals for the Federal Circuit held, on remand, that it is precluded fr