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Healthy Overlap Between PTAB And Trial Court Favors Denial

Healthy Overlap Between PTAB And Trial Court Favors Denial

By Haytham Soliman and Matt Johnson - The PTAB recently denied institution of inter partes review (IPR) for claims 1 and 46 of U.S. 7,464,040 in eClinicalWorks, LLC et al. v. Decapolis Systems, LLC, IPR2022-0229, Paper 10 (PTAB April 13, 2022).  The denial was based...

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Confidential Manual Deemed Not A Printed Publication

Confidential Manual Deemed Not A Printed Publication

By Alison Ibendahl and Joe Beauchamp - In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior art did not qualify as “printed publications” under 35 U.S.C. § 311(b). ...

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Reexam References Count In Section 325(d) Analysis

Reexam References Count In Section 325(d) Analysis

By Haytham Soliman and Matt Johnson - The Board denied post grant review in Palo Alto Networks, Inc. v. Centripetal Networks, Inc. under 35 U.S.C. § 325(d) after applying the Advanced Bionics[1] framework as informed by the factors outlined in Becton.[2] ...

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Derivation Decision Offers Several Reminders for Petitioners

Derivation Decision Offers Several Reminders for Petitioners

By Sarah Geers - The PTAB recently issued a rare decision instituting a derivation proceeding, in Global Health Solutions LLC v. Selner, DER2017-00031 (“GHC”).  The GHC institution decision provides several lessons for future petitioners looking to avoid pitfalls that...

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