Related to 2021 ruling that a decision in earlier inter partes reexaminations of related patents had preclusive effect collaterally estopped Patent Trial & Appeal Board from making new findings on the same issue, Federal Circuit vacated Board’s decision.
The US Patent & Trademark Office re-opened to the public on May 25, 2022. Headquarters in Alexandria, Virginia, regional offices in Dallas, Texas; Denver, Colorado; Detroit, Michigan; San Jose, California, now open. Offices were closed since March 2020 due to COVID-19.
A panel of the US Court of Appeals for the Federal Circuit considered whether the Patent Commissioner, on assuming the role of the US Patent & Trademark Office PTO Director, can constitutionally evaluate the rehearing of Patent Trial & Appeal Board IPR decisions.
Court upheld the standard defining the rare circumstances in which such a ruling is proper while questioning the Board’s reasoning of the standard. Hunting Titan, Inc. v. DynaEnergetics Europe GMBH. The Board found original claims of the patent unpatentable as anticipated.
In a consolidated appeal from the International Trade Commission and two inter partes review IPR proceedings before the Patent Trial & Appeal Board, the Federal Circuit affirmed the Commission’s findings that a hypothetical device does not meet the domestic industry requirement.