Institution Denied for Failure to Show Disclosure in Provisional Application
By David Linden and Dave Maiorana - On December 1, 2023, Intelligent Wellhead Systems, Inc. (“Intelligent”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 11,401,779 (“the ’779 Patent”) (“IPR256”), assigned to Downing Wellhead Equipment, LLC...
Director Says Typo Was Read Incorrectly
By Owen Carpenter and Matt Johnson - - On July 30, 2024, Director Vidal ordered patent board judges to revisit a ruling on “an obvious typographical error.” See Hesai Technology Co. Ltd., Hesai Group, and Hesai Inc. v. Ouster, Inc., IPR2023-01485. Director Vidal,...
PTAB Claim Construction May Be Binding In Later Litigation
By Sue Gerber and Matt Johnson - In 2016, the Federal Circuit expressed doubt that claim constructions from the PTAB could give rise to estoppel in later litigation because “the [PTAB] applies the broadest reasonable construction of the claims while the district...
Private Sale Not Necessarily Public Disclosure Under Section 102(b)(2)(B)
By Matt Carey and Matt Johnson - In Sanho Corp. v. Kaijet Technology International Limited, Inc, the Federal Circuit affirmed the PTAB's decision finding obvious all challenged claims of the '429 patent, which relates to a device that provides ports for connecting...
Federal Circuit Clarifies Scope of Patent Owner Estoppel
By Shane Padilla, Matt Chung, Sarah Geers, and Matt Johnson - The Federal Circuit recently issued a decision in SoftView LLC v. Apple Inc. clarifying the scope of patent owner estoppel set forth in 37 C.F.R. § 42.73(d)(3)(i). 2024 WL 3543902 (Fed. Cir. July 26, 2024)....