by Albert Liou | Dec 11, 2018 | Discovery, Real Party in Interest
By Albert Liou – In Cavium, LLC v. Alacritech, Inc., Case IPR2018-00401 (PTAB Nov. 20, 2018) (Paper 24), the PTAB granted a Patent Owner’s motion for additional discovery relating to real party-in-interest. The split-panel decision is interesting...
by Albert Liou | Oct 17, 2018 | Amendment Practice
By Albert Liou The Board recently exercised its discretion to terminate trial and obviate the Patent Owner’s pending Motion to Amend, after the Federal Circuit affirmed a district court’s ruling that all of the challenged claims were invalid for lack of patentable...
by Albert Liou | Jul 24, 2018 | Stay
By: H. Albert Liou PTAB Allows Patent Owner to Stay its Own Reissue Proceeding 35 U.S.C. § 315(d) and 37 C.F.R. 42.122(a) vest the PTAB with the power to stay, transfer, consolidate, or terminate any matter pending before the U.S. Patent and Trademark Office while an...
by Albert Liou | May 30, 2018 | Estoppel, Federal Circuit
By: Albert Liou In XY, LLC v. Trans Ova Genetics, L.C., Nos. 2016-2054, 2016-2136 (Fed. Cir. May 23, 2018), an appeal from the District of Colorado, the Federal Circuit gave preclusive effect to a PTAB finding, something it has done several times in the recent past. ...
by Albert Liou | Apr 2, 2018 | Prior Art Issues, Uncategorized
By: Albert Liou four corners In a January 12 article, Anticipation Requires More Than A Reference That Discloses All The Elements, we discussed the Microsoft Corp v. Biscotti, Inc. case, where the Federal Circuit affirmed a decision of the PTAB finding that combining...
