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PRECEDENTIAL: Institution Denied Based On Insufficiently Supported Expert Declaration

PRECEDENTIAL: Institution Denied Based On Insufficiently Supported Expert Declaration

by Carl Kukkonen | Mar 7, 2023 | Evidentiary Issues, Expert Witnesses

By Carl Kukkonen – In Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9 (Aug. 24, 2022) the PTAB denied institution of an Inter Partes Review under 35 USC § 314.  This denial was based on several factors including the declaration of the petitioner’s expert...
PTAB Reiterates Requirements for Additional Discovery

PTAB Reiterates Requirements for Additional Discovery

by Carl Kukkonen | Dec 21, 2022 | Discovery, District Court, PTAB News

By Carl Kukkonen – The PTAB in a recent PGR proceeding: SWM International, LLC et al v. DynaEnergetics Europe GmbH (PGR2021-00097), reiterated the requirements for additional discovery.  In particular, in this matter, the petitioner, having access to excerpts...
Director Reviews Institution Decision Involving Interference Estoppel

Director Reviews Institution Decision Involving Interference Estoppel

by Carl Kukkonen | Oct 13, 2022 | PTAB News

By Carl Kukkonen – In Zynga Inc. v. IGT, IPR2022-00199, the USPTO Director, Kathi Vidal, sua sponte granted review and affirmed the decision instituting trial over patent owner’s argument that the Board erred in its application of interference estoppel...
Library Indexing Insufficient to Establish Public Accessibility

Library Indexing Insufficient to Establish Public Accessibility

by Carl Kukkonen | Aug 17, 2022 | Evidentiary Issues, PTAB News

By Carl Kukkonen – In Salesforce.com, Inc. v. WSOU Investments, LLC d/b/a Brazos Licensing and Development, the Board denied institution of inter partes review of a patent directed to providing content to a limited display terminal (e.g., a PDA) because...
Spoonful of Commercial Success Overcomes Obviousness Rejection

Spoonful of Commercial Success Overcomes Obviousness Rejection

by Carl Kukkonen | Jun 17, 2022 | Other News, PTAB News

By Christopher Dorsett,* Stephanie Mishaga, and Carl Kukkonen – The Patent Trial and Appeal Board (PTAB) recently reversed obviousness rejections based on an Applicant demonstrating commercial success of an infant spoon, in Ex Parte Doug Gonterman and Jessica...
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