Federal Circuit Touches on Appellate Standing and Prior Art Determinations in the Context of Post-Grant Review Proceedings

Update on Patent Trial and Appeal Board hearings

Federal Circuit Touches on Appellate Standing and Prior Art Determinations in the Context of Post-Grant Review Proceedings

In CQV Co. Ltd. v. Merck Patent GmbH, the Federal Circuit addressed (1) the interaction of indemnification agreements with Article III standing for appeals of post-grant review decisions of the Patent Trial and Appeal Board; and (2) whether all evidence must be addressed by the Board when qualifying prior art.  Background Merck Patent GmbH (“Merck”) owns U.S. Patent No. 10,647,861 (the “’861 Patent”), which is directed to the composition of an a…

PTAB Highlights | Takeaways from Recent Decisions in Post-Issuance Proceedings - Banner Witcoff

By Andy Kim and Kamaram Munira So, what’s happening at the PTAB? Instituting despite a §101 invalidity ruling, denying institution for recycled prior art, instituting a copied petition, and more! Patent Owners beware—§101 alone won’t shut the door on Inter Partes Review. Hulu, LLC v. Piranha Media Distribution, LLC, IPR2024-01252, Paper 16 (March 4, 2025) (Easthom, joined by Moore and Kazhdan) (declining discretionary denial despite district cou…