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Failure to Identify MPF Structure Tanks Petition

Failure to Identify MPF Structure Tanks Petition

By Mike Lavine and Matt Johnson - On June 18, 2020, the PTAB denied an IPR petition because the Petitioner failed to sufficiently construe the means-plus-limitations of the challenged claims. Mattersight Corporation (“Mattersight”) owns the challenged patent, U.S....

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No Arthrex Do-Over For PTAB Decision Denying IPR Institution

No Arthrex Do-Over For PTAB Decision Denying IPR Institution

By Chris Liu and John Marlott - If the PTAB judges who denied institution of an IPR were unconstitutionally appointed under Arthrex at the time they issued that decision, does the petitioner get a second chance with a new panel of different PTAB judges?  As we...

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American Rule Applied to PTAB Attorney’s Fees

American Rule Applied to PTAB Attorney’s Fees

By Robby Breetz and Matt Johnson - In Amneal Pharmaceuticals LLC v. Almirall, LLC, the Federal Circuit recently found 35 U.S.C. § 285 did not authorize the Court awarding attorney’s fees for conduct occurring at the PTAB.  No. 2020-1106, 2020 WL 2961939, at *2 (Fed....

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District Courts Find PTAB Statements Constitute Disclaimer

District Courts Find PTAB Statements Constitute Disclaimer

By Phil Shelton* and Carl Kukkonen - In Linksmart Wireless Tech., LLC v. Caesars Entm't Corp., Case No. 2:18-cv-00862-MMD-NJK (D. Nev. May 8, 2020) the Court addressed disputed claim terms in U.S. Reissued Patent No. RE46,459 (the “’459 Patent”), Linksmart had alleged...

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