Jiaxiao Zhang
Subscribe to Jiaxiao Zhang's PostsJiaxiao Zhang focuses her practice on intellectual property litigation matters. Jiaxiao has experience in federal district court actions in California, Texas, and Florida, and proceedings before the US Patent Trial and Appeal Board (PTAB) of the US Patent and Trademark Office (USPTO). Read Jiaxiao Zhang's full bio.
No Estoppel in the Name of Different Interests and Claims
By Jiaxiao Zhang on Mar 17, 2021
Posted In Patents
The US Court of Appeals for the Federal Circuit found that 35 USC § 314(d) did not bar its review of a Patent Trial & Appeal Board determination that a petitioner was not estopped from maintaining inter partes review (IPR) proceedings since the alleged estoppel-triggering event occurred post-institution. Uniloc 2017 LLC v. Facebook Inc., Case...
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Collaterally Estopped: Do Not Re-Examine the Same Issues
By Jiaxiao Zhang on Mar 4, 2021
Posted In Patents
In an appeal from an inter partes re-examination of a patent having both original and newly presented claims, the US Court of Appeals for the Federal Circuit ruled that a decision in earlier inter partes reexaminations of related patents had a preclusive effect that collaterally estopped the Patent Trial and Appeal Board from making new...
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Attempts to Appeal Institution Decision Is SIPCOed
By Jiaxiao Zhang on Feb 18, 2021
Posted In America Invents Act, Patents
Reinforcing the impact of the Supreme Court of the United States’ 2019 decision in Thryv v. Click-to-Call, the US Court of Appeals for the Federal Circuit reiterated that the Patent Trial and Appeal Board’s threshold determination as to whether it will institute a proceeding under the America Invents Act (AIA), in this instance a Covered...
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If You Seek or Browse and Can Find, It’s Publicly Available, but Anticipation Isn’t Obvious and Requires Notice
By Jiaxiao Zhang on Feb 11, 2021
Posted In America Invents Act, Patents
The US Court of Appeals for the Federal Circuit found that facilitating browsing of documents on a website was sufficient to support public accessibility of prior art references, but that the Patent Trial and Appeal Board cannot sua sponte invalidate a claim as anticipated under § 102 unless that specific statutory ground had previously been...
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PTO: Board to Align Indefiniteness Approach in AIA and District Court Proceedings
By Jiaxiao Zhang on Jan 21, 2021
Posted In America Invents Act
On January 6, 2021, US Patent and Trademark Office (PTO) Director Andrei Iancu, Commissioner for Patents Andrew Hirshfeld and Chief Administrative Patent Judge Scott Boalick issued a memorandum to the members of the Patent Trial and Appeal Board to align the Board’s approach when deciding indefiniteness issues under 35 USC § 112 in America Invents...
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Reprints Do Not Change Earlier Publication Date
By Jiaxiao Zhang on Dec 10, 2020
Posted In Patents
Addressing the entirety of the evidence standard, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board finding that responsive evidence can be properly considered to demonstrate the public availability of a reference relied upon in an inter partes review (IPR) petition. VidStream LLC v. Twitter, Inc., Case Nos....
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Federal Circuit Will Not Second-Guess IPR Institution Denials
By Jiaxiao Zhang on Nov 11, 2020
Posted In America Invents Act, Patents
In a series of non-precedential orders, the US Court of Appeals for the Federal Circuit reiterated that it lacks jurisdiction to hear appeals on whether the Patent Trial and Appeal Board properly decided to deny inter partes review (IPR) petitions based on parallel district court litigation. Cisco Systems Inc. v. Ramot at Tel Aviv University,...
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PTO Seeks Comments on Proposed Rulemaking for Denying Patent Reviews
By Jiaxiao Zhang on Oct 29, 2020
Posted In America Invents Act, Patents
The US Patent and Trademark Office (PTO) requested public comments on considerations for instituting trials under the Leahy-Smith America Invents Act (AIA). Comments are due by November 19, 2020. Patent practitioners have grown accustomed to reviewing the PTO Patent Trial and Appeal Board (Board) administrative guide, precedential or informative opinions, and other published filings and...
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One Claim Construction Error Is Enough to Trigger New Trial on Infringement
By Jiaxiao Zhang on Oct 8, 2020
Posted In Patents, Technology
The US Court of Appeals for the Federal Circuit re-affirmed that incorrect construction of even a single claim element can be grounds for a new trial on infringement. Network-1 Technologies, Inc. v. Hewlett-Packard Company, Case Nos. 18-2338, -2339, -2395, -2396 (Fed. Cir. Sept. 24, 2020) (Prost, C.J.). Network-1 Technologies sued Hewlett-Packard (HP) for patent infringement....
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No Refunds: Cancellation of Patent Claims in IPR Isn’t a Taking
By Jiaxiao Zhang on Sep 3, 2020
Posted In America Invents Act
The US Court of Appeals for the Federal Circuit found that cancellation of a patent in an inter partes review (IPR) proceeding is not a taking and does not grant the patentee any compensable claim against the United States. Christy, Inc. v. United States, Case No. 19-1738 (Fed. Cir. Aug. 24, 2020) (Hughes, J.). After Christy...
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