by David Cochran | Aug 31, 2018 | Federal Circuit, PTAB Trial Basics
By: David Anderson and Dave Cochran On August 27, 2018, the Federal Circuit vacated and remanded the PTAB’s finding that claims 1-3, 6-9, and 12-14 of U.S. Patent No. 5,602,831 (“the ’831 Patent”) are not unpatentable under 35 U.S.C. § 103. See Ericsson Inc. v....
by David Cochran | Jul 23, 2018 | Claim Construction, Federal Circuit
By: David E. Anderson[1] and Dave Cochran On July 13, 2018, the Federal Circuit reversed the PTAB’s finding that claims 1-5 and 11 of U.S. Patent No. 8,651,118 (“the ’118 Patent”) are anticipated by U.S. Patent No. 4,148,330 (“Gnaga”) and Japanese Application No....
by David Cochran | Jun 11, 2018 | Petitions, PTAB Trial Basics
By: Jason Garr and Dave Cochran The recent PTAB order in IPR2017-01427 is a cautionary tale for petitioners considering multiple IPRs against a single patent. On May 11, 2017, Facebook and WhatsApp filed the ’1427 IPR petition challenging claims 1-8 of U.S. Patent...
by David Cochran | May 29, 2018 | Claim Construction, PTAB Trial Basics
By: Sanjiv Laud and Dave Cochran The PTAB’s recent decision denying rehearing in United Microelectronics Corp. v. Lone Star Silicon Innovations LLC, IPR2017-01513, Paper 10 (PTAB May 22, 2018) sheds light on the Board’s practice under 37 C.F.R. 42.108(c), which holds...
by David Cochran | Apr 9, 2018 | Evidentiary Issues, PTAB Trial Basics
By: Rich Graham and Dave Cochran On April 2, 2018, the PTAB issued a final written decision in Fox Factory finding that the petitioner failed to carry its burden in showing the instituted claims were unpatentable as obvious. Fox Factory, Inc. v. SRAM, LLC,...
