Good News/Bad News: Patent Owners and Petitioners Both Make Gains in CAFC Uniloc Decision
By EsqSocial Corporation 07/04/21
The Federal Circuit’s recent Uniloc 2017 v. Facebook Inc. decision is a mixed bag of good and bad news for both patent owners and inter partes review petitioners. On the plus side for patent owners (but not for petitioners), the Federal Circuit determined that the so-called “No Appeal” provision does not necessarily apply to 35 U.S.C. § 315(e)(1), and, therefore, a patent owner may still appeal a Patent Trial and Appeal Board determination that a petitioner is not estopped from maintaining an...
By: Mintz - Intellectual Property Viewpoints