On June 15, 2018, an expanded panel of the Court of Appeals for the Federal Circuit denied petitions for rehearing and rehearing en banc in a per curiam order. This case is Xitronix Corp. v. KLA-Tencor Corp.,[1] and the enlarged panel was composed of Chief Judge Prost, and Judges Newman, Lourie, Mayer, Dyk, Moore, O’Malley, …
Category: judicial review
SCOTUS Watch: IPRs Do Not Violate Article III or Seventh Amendment
Article III of the U.S. Constitution states: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.[1] Also, the Copyright and Patent Clause of the U.S. Constitution states: The Congress shall have power . . …
Fed Circuit Watch: Fed Circuit Lacks Jurisdiction to Review Antitrust Claim
On February 9, 2018, the Court of Appeals for the Federal Circuit issued a short order refusing jurisdiction over a Walker Process antitrust claim, and transferred the case, Xitronix Corp. v. KLA-Tencor Corp., to the Court of Appeals for the Fifth Circuit. As a preliminary note, a Walker Process claim is a federal claim under …
Fed Circuit Watch: Time-Bar in IPR Institution Petition is Appealable
One January 8, 2018, the Court of Appeals of the Federal Circuit issued Wi-Fi One, LLC v. Broadcom Corp.,[1] in which the en banc panel held the PTAB decision to institute or not an inter partes review based on whether the petition was timely can be appealed through judicial review. Specifically, the issue was whether …
USPTO Designates Assignor Estoppel Case as Precedential Authority
On August 1, 2017, the USPTO designated a Patent Trial and Appeal Board case as precedential authority. This case was decided four years ago, on October 25, 2013. That case, Athena Automation Ltd. v. Husky Injection Molding System Ltd.[1], held that the doctrine of assignor estoppel is not an exception to inter partes review (IPR).[2] …