PTAB Designates Chevron and Deeper Informative
By Kerry Barrett and Dave Maiorana On April 5, 2019, the PTAB designated as informative two decisions relating to 35 U.S.C. § 314(a): Chevron Oronite Co. LLC v. Infineum USA L.P., Case IPR2018-00923, Paper 9 (Nov. 7, 2018) (designated: Apr. 5, 2019) [AIA § 314(a),...
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PTAB Issues Fifth Installment Of Its Motion To Amend Study
By Emily Tait On March 13, 2019, the PTAB issued the fifth installment of its ongoing Motion to Amend Study, which tracks and analyzes motions to amend filed in AIA trials through September 30, 2018 (end of Fiscal Year 2018). The data collected by the Board includes:...
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Precedential Opinion Panel On Printed Publications
By Dave Cochran Inter Partes review can only be based on prior art consisting of patents or printed publications. 35 USC 311(b). Patents are easy to spot because they are issued by a governmental authority of some sort, but whether something is a “printed...
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Andersen: A Window into Derivation Proceedings before the PTAB
By Albert Liou Recently, the PTAB issued its first ever final written decision in a post-AIA derivation proceeding in Andersen Corporation v. GED Integrated Solutions, Inc., Case DER2017-00007, Paper 57 (PTAB Mar. 20, 2019), finding that the Petitioner had not proved...
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Seeing Multiple: Observations from Petitioner Filing Strategies Following SAS
By Kerry Barrett, David Anderson, and Joe Sauer In April 2018, the United States Supreme Court held that the PTAB must issue a final written decision addressing every patent claim challenged in an IPR petition. See SAS Inst., Inc. v. Iancu, 138 S. Ct. 1348 (2018). In...
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