The “Best Way” to Avoid Adverse Judgment
By: Daniel Sloan, Kevin McCarthy, and Matt Johnson - The PTAB recently denied Bestway (USA), Inc.’s (“Petitioner”) request for PGR of U.S. Pat. No. 11,959,512 B2 (“the ’512 patent”) but declined to enter adverse judgment against Intex Marketing, Ltd. (“Patent Owner”)...
USPTO Finalizes Partial Permanence of MTA Pilot Program
By Adam J. Cook, Kristen VandeVoort,* Daniel Sloan, and Christian Platt - On October 18, 2024, the USPTO’s final rule regarding Motion to Amend (“MTA”) practice and procedures in trial proceedings under the America Invents Act became effective. The rule makes...
District Court Not Persuaded System Prior Art Evades IPR Estoppel
By Dalton Earich,* Matt Modderman, and Matt Johnson - On October 25, 2024, the United States District Court for the Eastern District of Pennsylvania ordered Comcast Corporation (“Comcast”) to identify the date on which it learned of each patent, patent application,...
Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation
By Jack Graves and Matt Johnson - The PTAB recently excluded a portion of Duration Media LLC’s (Petitioner) reply declaration for containing improper new evidence in an inter partes review petition filed against Rich Media Club LLC (Patent Owner) challenging all...
Don’t Wait To Seek Discovery Or It May Be Too Late
By Sue Gerber and Matt Johnson - “The statutory provisions for inter partes reviews, post-grant reviews, and covered-business method patent reviews caution against overly broad discovery and provide the same considerations, including efficient administration of the...