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Five-Judge PTAB Panel Interprets “Module” As Non Means-Plus Function

Five-Judge PTAB Panel Interprets “Module” As Non Means-Plus Function

by Carl Kukkonen | Oct 2, 2017 | Claim Construction, Trial Institution

By Carl Kukkonen and Amanda Leckman On September 13, 2017, the PTAB, a five-judge panel, granted a petition to institute an inter partes review brought by HTC America, Inc. (“Petitioner”) against Virginia Innovation Sciences, Inc. (“Patent Owner”) regarding U.S....
Federal Circuit Rules in Favor of Public Interest Group Standing at PTAB

Federal Circuit Rules in Favor of Public Interest Group Standing at PTAB

by Carl Kukkonen | Aug 30, 2017 | Federal Circuit

By Stephanie Brooker and Carl Kukkonen In Personal Audio, LLC. v. Electronic Frontier Foundation, No. 2016-1123 (Fed. Cir. Aug. 7, 2017), the Federal Circuit reviewed a Patent Trial and Appeal Board (“PTAB”) decision invalidating claims of U.S. Patent No. 8,112,504...
PTAB Denies Motion to Withdraw as IPR Counsel

PTAB Denies Motion to Withdraw as IPR Counsel

by Carl Kukkonen | Jul 11, 2017 | PTAB Trial Basics

By Jeff Giering, Ph.D. and Carl Kukkonen In an order entered June 30, 2017, the PTAB denied a motion by counsel for patent owner Purple Leaf, LLC (“Counsel”) to withdraw from representation in a trio of IPRs (IPR2016-01720, IPR2016-01721, and IPR2016-01722).  Counsel...
Federal Circuit Upholds Claim Construction – No Due Process Violations

Federal Circuit Upholds Claim Construction – No Due Process Violations

by Carl Kukkonen | Jun 7, 2017 | Claim Construction, Federal Circuit Appeal

By Stephanie Brooker and Carl Kukkonen On May 8, 2017, in Intellectual Ventures II LLC v. Ericsson Inc., 15-1739, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) inter partes review (IPR) claim constructions in a non-precedential decision. ...
PTAB Interprets “By Another” in 35 § 102(e)

PTAB Interprets “By Another” in 35 § 102(e)

by Carl Kukkonen | May 2, 2017 | Prior Art Issues

By Amanda Leckman and Carl Kukkonen In connection with a dispute over parking meters, the PTAB, on March 27, 2017, issued a decision in IPR2016-00067 that Duncan Parking Technologies, Inc. (DPT) had not met its burden of showing, by a preponderance of evidence, that...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.