PTAB Strategies and Insights - January 2021: Patent Owner's District Court Disavowal Moots Petitioner's PTAB-Based CAFC Appeal Under Doctrine of Voluntary Cessation
By EsqSocial Corporation 26/01/21
In ABS Global, Inc. v Cytonome/ST, LLC, the Federal Circuit dismissed a Petitioner’s appeal from a U.S. Patent Trial and Appeal Board (“PTAB”) final written decision when it determined that a Patent Owner’s voluntary cessation in its district court action mooted the PTAB case. Specifically, after Patent Owner disclaimed its ability to challenge a finding of non-infringement in a related district court proceeding, the Federal Circuit determined that “[b]ecause the record demonstrates that there...
By: Sterne, Kessler, Goldstein & Fox P.L.L.C.