by David Maiorana | Jan 9, 2019 | PTAB News, Request for Reconsideration
By Dave Maiorana Under 37 C.F.R. § 42.5(d), communications with a Board member regarding a specific proceeding are not permitted “unless both parties have an opportunity to be involved in the communication.” This prohibition, however, does not extend to “referring to...
by David Maiorana | Nov 19, 2018 | Estoppel
By: David Maiorana In In re Certain Magnetic Tape Cartridges and Components Thereof, 337-TA-1058 (ITC October 2, 2018, Order), Administrative Law Judge Cheney ruled that even if a respondent is estopped from raising certain invalidity challenges because it failed to...
by David Maiorana | Nov 16, 2018 | 325(d) issues, CBMs
By Kait Crowder and Dave Maiorana Under 35 U.S.C. § 325(d), the PTAB has discretion regarding whether to institute a covered business method review if the arguments presented in the petition are the same, or substantially the same, as those previously considered by...
by David Maiorana | Sep 21, 2018 | Federal Circuit Appeal, Prior Art Issues, Uncategorized
By: Kaitlin Crowder and Dave Maiorana Any person or entity may file an IPR proceeding to invalidate a patent, regardless of whether it faces a specific threat of infringement. An adverse decision in an IPR proceeding is appealable only to the Federal Circuit. ...
by David Maiorana | Aug 9, 2018 | Federal Circuit Appeal, Prior Art Issues
By: David Anderson and Dave Maiorana On July 27, 2018, the Federal Circuit reversed the PTAB’s finding that Petitioner GoPro, Inc. failed to establish the public availability of an alleged prior art printed publication. GoPro, Inc. v. Contour IP Holding LLC, __ F....
