Husky Injections Molding Sys., Ltd. v. Athena Automation Ltd.

Husky’s 536 patent discloses a molding machine having a clamp assembly comprising a stationary platen, a movable platen, tie bars, tie bar locks that couple the tie bars to the movable platen, and clamp actuators that supply a clamping force to the tie bars. On inter partes review, the Patent Trial and Appeal Board found several claims invalid as anticipated. The Federal Circuit dismissed, for lack of jurisdiction, Husky’s argument that the Board’s determination during the institution phase that assignor estoppel cannot bar an assignor or his privies from petitioning for inter partes review. Any question concerning assignor estoppel necessarily implicates who may petition for review; such a question falls outside of the narrow exceptions to the otherwise broad ban on judicial review of the decision whether to institute inter partes review. The court vacated with respect to four claims that were upheld by the Board. The Board erred in determining that one prior reference did not incorporate another for purposes of anticipation and provided no further reasoning why claims the were not anticipated. View "Husky Injections Molding Sys., Ltd. v. Athena Automation Ltd." on Justia Law