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....
by David Maiorana | Jun 26, 2018 | Federal Circuit
By: Dave Maiorana When the Supreme Court issued its decision in SAS Institute regarding partial IPR institution, the PTAB estimated that there were several hundred pending IPRs in which the Board had instituted some, but not all, claims and/or grounds. Similarly, at...
by David Maiorana | May 3, 2018 | Federal Circuit Appeal, PTAB News
By: Dave Maiorana On April 24, 2018, the U.S. Supreme Court issued its decision in SAS Institute Inc. v. Iancu, where the Court held that the Patent Trial and Appeal Board (PTAB) must issue a final written decision as to any patent claim challenged by an IPR...
