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 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...
Continue Reading
Check Step One: It’s Not Ova until the Court Compares Claims
By Jiaxiao Zhang on Aug 13, 2020
Posted In Patents
The US Court of Appeals for the Federal Circuit reversed a district court’s decision finding a patent directed to a method of sorting particles using flow cytometry technology ineligible under 35 U.S.C. § 101. The Federal Circuit also vacated the district court’s conclusion that the patent owner was precluded from asserting certain patents based on...
Continue Reading
Joined Parties Have Rights Too
By Jiaxiao Zhang on Jul 22, 2020
Posted In America Invents Act, Patents
In vacating an unpatentability decision by the Patent Trial and Appeal Board (Board), the US Court of Appeals for the Federal Circuit found that the rights of a joined party to an inter partes review (IPR) proceeding applies to the entirety of the proceedings and includes the right of appeal. Fitbit, Inc. v. Valencell, Inc.,...
Continue Reading
The “Plotting” Thickens: Claims that Solve Known Problem with Known Methods Are Obvious
By Jiaxiao Zhang on May 14, 2020
Posted In America Invents Act, Patents
The US Court of Appeals for the Federal Circuit applied KSR and its obviousness progeny, finding that patent claims directed to location plotting were obvious under 35 USC § 103. Uber Techs., Inc. v. X One, Inc., Case No. 19-1164 (Fed. Cir. May 5, 2020) (Prost, CJ). X One sued Uber Technologies asserting a patent...
Continue Reading
Patent’s Explicit Description of Claimed Advantages Defeats § 101 Challenge
By Jiaxiao Zhang on Apr 30, 2020
Posted In Patents
Reversing a district court’s motion to dismiss, the US Court of Appeals for the Federal Circuit found patent claims directed to cardiac monitoring devices patent eligible under 35 USC § 101 because the claims were directed to a technical improvement to the function of such devices. CardioNet, LLC v. InfoBionic, Inc., Case No. 19-1149 (Fed....
Continue Reading
Exercise of Institution Discretion During Parallel AIA and District Court Challenges
By Jiaxiao Zhang on Apr 15, 2020
Posted In Patents
The Patent and Trial Appeal Board (PTAB) Precedential Opinion Panel (POP) refused to revisit an earlier PTAB panel decision, reiterating that it remains within the discretion of a PTAB panel to deny institution on a patent challenge because of a pending trial in federal district court. Sand Revolution II, LLC v. Continental Intermodal Group –...
Continue Reading
US Copyright Office, USPTO Act to Assist Those Affected by COVID-19
By Eleanor B. Atkins and Jiaxiao Zhang on Apr 9, 2020
Posted In Copyrights, Patents
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which authorized the US Copyright Office (USCO) and the United States Patent and Trademark Office (USPTO) to temporarily waive or modify certain statutory deadlines. Prior to the CARES Act, the USPTO and USCO had sought to provide...
Continue Reading
Patent-Eligible Improvements to Computer Functionality Must Be Directed to an Improvement of the Computer or Network Platform
By Jiaxiao Zhang on Mar 19, 2020
Posted In America Invents Act, Patents
Applying the US Supreme Court’s Alice v. CLS framework, the US Court of Appeals for the Federal Circuit upheld a Patent Trial and Appeal Board (PTAB) finding patent claims directed to data management and processing systems for merely storing advertising data were not patent eligible under 35 U.S.C. §101. Customedia Techs., LLC v. Dish Network...
Continue Reading
Practicing Product Must Be Essentially Claimed Invention to Link Secondary Considerations to Patent Claims
By Jiaxiao Zhang on Jan 15, 2020
Posted In Patents
Raising the hurdle for proving secondary considerations, the US Court of Appeals for the Federal Circuit found that the “coextensiveness” requirement for purposes of nexus requires that the practicing product be “essentially the claimed invention.” FOX Factory, Inc. v. SRAM, LLC, Case No. 18-2024, -2025 (Fed. Cir. Dec. 18, 2019) (Prost, J.). Bicycle chainrings are...
Continue Reading
