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PRECEDENTIAL: PTAB Declines To Resolve RPI Dispute

PRECEDENTIAL: PTAB Declines To Resolve RPI Dispute

by Carl Kukkonen | Dec 29, 2020 | Real Party in Interest

By Chris Hodge* and Carl Kukkonen – In a recently designated precedential decision, the Patent Trials and Appeals Board (“PTAB”) considered challenges to claims covering autonomous robotic cleaning devices. SharkNinja Operating LLC v. iRobot Corp.,...
PO Collaterally Estopped From Asserting Related Patents

PO Collaterally Estopped From Asserting Related Patents

by Carl Kukkonen | Nov 16, 2020 | PTAB News

By Carl Kukkonen – A recent case in the Northern District of Illinois addressed the issue of collateral estoppel in connection with patents that were similar to those previously cancelled by the PTAB:  In Think Prods., Inc. v. Acco Brands Corp., No....
PTAB Issues Guidance With Regard to AAPA

PTAB Issues Guidance With Regard to AAPA

by Carl Kukkonen | Nov 6, 2020 | Prior Art Issues

By Carl Kukkonen – On August 18, 2020, the USPTO issued guidance regarding the reliance on Applicant Admitted prior art (AAPA).  Under 35 U.S.C. § 311(b), IPRs may be instituted only “on the basis of prior art consisting of patents or printed...
District Courts Find PTAB Statements Constitute Disclaimer

District Courts Find PTAB Statements Constitute Disclaimer

by Carl Kukkonen | Jun 17, 2020 | Claim Construction

By Phil Shelton* and Carl Kukkonen – In Linksmart Wireless Tech., LLC v. Caesars Entm’t Corp., Case No. 2:18-cv-00862-MMD-NJK (D. Nev. May 8, 2020) the Court addressed disputed claim terms in U.S. Reissued Patent No. RE46,459 (the “’459 Patent”), Linksmart...
PRECEDENTIAL: IPRs and Examination have Different Standards for Establishing a Printed Publication

PRECEDENTIAL: IPRs and Examination have Different Standards for Establishing a Printed Publication

by Carl Kukkonen | Apr 14, 2020 | Prior Art Issues, PTAB News

By Carl Kukkonen – As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art.  Here is an in depth review of the...
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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.