by David Maiorana | Jun 22, 2017 | 325(d) issues, Prior Art Issues
By Dave Maiorana It is not always possible for a party seeking to challenge a patent in an IPR to find prior art patents or printed publications that the USPTO has not already considered. Often the best available prior art comes from the references cited to (or by)...
by David Maiorana | May 19, 2017 | PTAB News, PTAB Trial Basics
By Dave Maiorana We have previously reported (on February 1, on March 1, and on March 30) how patent owners have seen a mixed bag of results in trying to convince PTAB panels that secondary considerations of non-obviousness were sufficient to outweigh a prima facie...
by David Maiorana | Apr 11, 2017 | Evidentiary Issues
By Dave Maiorana If you are involved in an IPR and you are contemplating whether to rely on your own confidential information as part of a filing, you need to consider the risk that the Board will deny your motion to file under seal because it relied on that...
by David Maiorana | Mar 1, 2017 | Evidentiary Issues, Federal Circuit Appeal
By Dave Maiorana As reported in our February 1, 2017 post, patent owners have had a difficult time convincing the PTAB that secondary considerations are sufficient to overcome a prima facie case of obviousness. The Crown Packaging decision, highlighted in that post,...
by David Maiorana | Jan 25, 2017 | Federal Circuit Appeal, Final Written Decisions
By Dave Maiorana Since enactment of the AIA and the start of the new post-grant review proceedings at the USPTO, practitioners have speculated on the interaction between the PTAB and the courts. Yes, AIA post-grant proceedings were expressly intended to be lower-cost...
