by Carl Kukkonen | Nov 25, 2019 | Federal Circuit Appeal
By Austin Ball and Carl Kukkonen When patent owners appeal PTAB decisions to the Federal Circuit, 67% of subsequent opinions are one-line Federal Circuit Rule 36 (“Rule 36”) summary affirmance orders, but when petitioners appeal, that number is a mere 18%. Chestnut...
by Carl Kukkonen | Sep 17, 2019 | PTAB News, Time Limits
By Amanda Leckman and Carl Kukkonen On November 21, 2017, Petitioner Infiltrator Water Technologies, LLC, filed a Petition for inter partes review (IPR) of claims 8–12 of U.S. Patent No. 8,815,094 B2. In its Preliminary Response, filed on March 7, 2018, Patent Owner...
by Carl Kukkonen | Jul 22, 2019 | Evidentiary Issues, PTAB News
By Carl Kukkonen The PTAB panel in Focal Therapeutics, Inc. v. SenoRx, Inc., Case IPR2014-00116 (PTAB July 21, 2014) (Paper 19), provided certain clarifications with regard to the ability to confer with witnesses during examination. This clarification was in response...
by Carl Kukkonen | May 16, 2019 | Time Limits, Trial Institution
By Carl Kukkonen and Amanda Leckman The PTAB’s Precedential Opinion Panel (POP) will consider, at the behest of 360Heros, whether a complaint alleging patent infringement made by a party other than the patent owner of the patent triggers the § 315(b) time bar. 35...
by Carl Kukkonen | Jan 15, 2019 | CBMs, Patent Eligible Subject Matter
By Doug Clark and Carl Kukkonen Video game companies occasionally will take to the PTAB, seeking to invalidate each other’s patents. Mobile game developer Supercell Oy (petitioner) filed a Post Grant Review (“PGR) after learning that the USPTO issued U.S. Pat. No....
