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Christmas Vacate-tion—Petitioners Allowed to Raise Fair Extensions of Petition Arguments

Christmas Vacate-tion—Petitioners Allowed to Raise Fair Extensions of Petition Arguments

by David Maiorana | May 6, 2022 | Federal Circuit Appeal

By David Linden and Dave Maiorana – Willis Electric Co., Ltd. (“Willis Electric”) owns U.S. Patent No. 10,222,037 (the “’037 Patent”), titled “Decorative lighting with reinforced wiring.”  The ’037 Patent claims a decorative lighting design involving a strand of...
Fintiv Revisited—District Court Transfer Results in Institution Reversal

Fintiv Revisited—District Court Transfer Results in Institution Reversal

by David Maiorana | Feb 15, 2022 | Request for Reconsideration, Trial Institution

By David Linden and Dave Maiorana – In November 2020, Google LLC filed two petitions requesting an inter partes review of the claims of Ikorongo Technology LLC (“Ikorongo”) owned U.S. Patent No. 8,874,554 (“the ’554 patent”).  Separate petitions were filed to...
Motion to Exclude Improper Vehicle For Addressing Non-Responsive Evidence

Motion to Exclude Improper Vehicle For Addressing Non-Responsive Evidence

by David Maiorana | Sep 23, 2021 | Evidentiary Issues, Motions Practice

By Lisa Furby and Dave Maiorana – In Apple, Inc. v. Parus Holdings, Inc. (IPR2020-00686), the PTAB denied the Patent Owner’s motion to exclude portions of the Petitioner’s supplemental expert declaration.  Here the Patent Owner sought to exclude a number of...
In Your Dreams – Additional PTAB Discovery Remains Elusive

In Your Dreams – Additional PTAB Discovery Remains Elusive

by David Maiorana | May 11, 2021 | Discovery, Evidentiary Issues

By Dave Maiorana and Bobby Karl – Discovery in an IPR proceeding is limited compared to district court litigation in order to focus the proceedings and promote speed and efficiency.  The PTAB Practice Guide and 37 C.F.R 42.51 provide for three types of...
Institution Mandamus Review Limited to Colorable Constitution Claims

Institution Mandamus Review Limited to Colorable Constitution Claims

by David Maiorana | Mar 25, 2021 | Federal Circuit Appeal, Trial Institution, Uncategorized

By Robby Breetz and Dave Maiorana – In Mylan Labs Ltd. v. Janssen Pharmaceutica N.V., the Federal Circuit reaffirmed it lacked jurisdiction over appeals from the PTAB denying IPR institution, noted that it had jurisdiction over requests for mandamus, but 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.