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Study Shows the Decline of Multiple Petitions for AIA Proceedings

Study Shows the Decline of Multiple Petitions for AIA Proceedings

by Carl Kukkonen | Aug 6, 2023 | Amendment Practice, PTAB News

By Carl Kukkonen – In an effort to shed light on the practice of filing multiple petitions under the America Invents Act (AIA) at the Patent Trial and Appeal Board (PTAB), the United States Patent and Trademark Office (USPTO) recently released a detailed study....
Erroneous PGR Service Deemed Excusable by Split Panel

Erroneous PGR Service Deemed Excusable by Split Panel

by Carl Kukkonen | May 10, 2023 | PGR, Trial Institution

By Carl Kukkonen – In DynaEnergetics Europe GmbH et al v. QinetiQ Limited (PGR2023-00003), the petitioner filed its petition on the last possible day in the 9-month statutory period to timely file a petition for post-grant review (PGR).  The certificate of...
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...
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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.