by Emily Tait | Dec 8, 2023 | Federal Circuit Appeal, PTAB News, PTAB Trial Basics
By Evan Jones and Emily Tait – In a recent decision, the Federal Circuit found no abuse of discretion by the Board when it allowed Apple to expand its analogous art contention in its IPR reply, finding that the Board’s decision did not run afoul of the “newness”...
by Emily Tait | Aug 1, 2023 | PTAB News, Trial Institution
By Emily Tait and Adriane Elinski* – In a recent decision, the PTAB granted institution of an IPR despite multiple parallel district court proceedings involving the same patent, and flatly rejected the Patent Owner’s argument that the Petitioner’s “conflicting”...
by Emily Tait | Feb 15, 2023 | PTAB News, Stay
By Steve Bradley, Emily Tait, and Marc Blackman – After finding that Apple infringed certain AliveCor patents related to wearable devices capable of monitoring a user’s cardiac activity, the International Trade Commission (“ITC”) entered a limited exclusion...
by Emily Tait | Sep 15, 2022 | PTAB News
By Emily Tait – In the precedential decision Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017), the PTAB articulated seven non-exclusive factors to be considered before discretionarily denying a subsequent IPR...
by Emily Tait | Jul 27, 2022 | PTAB News
By Pranita Dhunghana* and Emily Tait – The Patent Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285. In a recent denial of a motion for attorney fees pursuant to § 285, an Ohio...
