On April 18, 2025, the United States Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit brought by Recentive Analytics, Inc. against Fox Corporation. See Recentive Analytics, Inc. v. Fox Corp., No. 23-2437 (Fed. Cir. Apr....
Client-Centered Intellectual Property Solutions
Year: 2025
PTAB Recalibrates Review: New Discretionary Denial Framework and Pre-Institution Reform
In less than a month, the United States Patent and Trademark Office (“USPTO”) has dramatically reformed its policies and procedures for exercising its discretion to deny institution of AIA post-grant proceedings. Rescission of June 2022 Memorandum on Interim Procedure...
Differing Burdens of Proof Limits Estoppel Effect of PTAB Final Written Decision
On February 10, 2025, the United States Court of Appeals for the Federal Circuit issued a decision in Kroy IP Holdings, LLC v. Groupon, Inc., reversing and remanding a district court ruling that had dismissed Kroy’s patent infringement claims based on collateral...
Published but not Public? Federal Circuit Confirms Published Patent Applications Count as Prior Art from Filing Date in IPRs.
On January 14, 2025, the United States Court of Appeals for the Federal Circuit issued a precedential decision in Lynk Labs, Inc. v. Samsung Electronics Co., No. 23-2346 (Fed. Cir. Jan. 14, 2025), addressing whether a published patent application can serve as prior...