Intellectual Property Owners Association

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IPO Daily News™

Thursday, 7 December 2017 8:46 am

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CRFD Research, Inc. v. Matal, 16-2198 — On 5 December in an opinion by Judge O’MALLEY, the Federal Circuit overturned a USPTO inter partes review decision that CRFD’s claims were nonobvious over several combinations of prior art references. CRFD’s patent claimed a system and methods for beginning a session on a first device, such as a mobile phone or laptop, and then transferring the session and session history to a second device.

The Federal Circuit found that the Board improperly relied on its determination that Bates did not anticipate the claims to support its finding of nonobviousness. The Board also erred in barring Hulu from pursuing arguments that the claims were obvious over Bates after denying institution on that ground. “To bar Hulu from pressing an argument it raised in a ground the Board found “redundant” and that it expressly incorporated into other proposed grounds of unpatentability on which the Board instituted would not only unfairly prejudice Hulu, but would also raise questions about the propriety of the Board’s redundancy decision.” The Court upheld two companion USPTO decisions finding CRFD’s claims were anticipated and obvious over other references.
(1 to 4 stars rate impact of opinion on patent & trademark law)



On Tuesday the IPO Board of Directors elected HENRY HADAD of Princeton, New Jersey to be IPO President for a two-year term beginning 1 January 2018. Henry is Senior Vice President and Deputy Counsel at Bristol-Myers Squibb Co. He has served on the IPO Board of Directors since 2012 and on the IPO Education Foundation Board since 2017. He is the current Vice President of the IPO Board. Henry has served on IPO’s Executive, Compensation, and Nominations Committees and as a Board Liaison for IPO’s U.S. Post-Grant Patent Office Practice.


TiVo Executive Says Stronger Patent System Needed to Promote Innovation

Yesterday Investor’s Business Daily published an article by TiVo Corp.’s Chief IP Officer ARVIN PATEL titled “To Make America Great Again, Protect American Innovation.” Patel discusses developments in the law that he says have weakened the U.S. patent system and argues that laws and policies should strengthen the U.S. patent system to promote innovation.