May 6, 2020
In the article, “PTAB Judges Should Call Balls and Strikes, Not Throw Curve Balls,” Tim and Dave advocate for limits on the authority of the Patent Trial and Appeal Board, pointing out, “By pursuing separate invalidity theories of its own making, the PTAB becomes inherently and improperly vested in a negative outcome for patent owners. This is simple human nature, no matter how rational or reasoned PTAB judges attempt to be.”
Tim and Dave have advocated on behalf of clients in numerous patent post-issuance proceedings as members of the Fitch Even PTAB Practice group.
IP Alert | Knowledge Within the Art Does Not Save Means-Plus-Function Claim Term Lacking Corresponding StructureFebruary 19, 2021
On February 12, in Synchronoss Technologies, Inc. v. Dropbox, Inc., the Federal Circuit affirmed that certain of Synchronoss's claims were invalid for indefiniteness, since the claims included a means-plus-function claim term that did not have adequate structural support in the specification. Read more
IP Alert | Customer Loyalty Program Does Not Claim Patent-Eligible Subject MatterFebruary 16, 2021
On February 8, in cxLoyalty, Inc v. Maritz Holdings, Inc., the Federal Circuit invalidated a patent for failure to claim patentable subject matter, reversing findings of the PTAB relating to substitute claims in a CBM review. Read more