by David Cochran | Jun 6, 2019 | Time Limits
By Kait Crowder and Dave Cochran In Apple v. IXI IP, the PTAB affirmed that the issuance of a reexamination certificate adding additional claims to a challenged patent does not reset the one-year time bar under § 315(b) to file a petition for inter partes review. In...
by David Cochran | Apr 11, 2019 | Evidentiary Issues
By Dave Cochran Inter Partes review can only be based on prior art consisting of patents or printed publications. 35 USC 311(b). Patents are easy to spot because they are issued by a governmental authority of some sort, but whether something is a “printed...
by David Cochran | Feb 4, 2019 | Federal Circuit, PTAB Trial Basics
By Kait Crowder and Dave Cochran In Polygroup Limited MCO v. Willis Electric Company, Ltd., the Federal Circuit reversed and remanded the PTAB’s findings of patentability in light of several obviousness arguments presented by the petitioner, concluding that the PTAB...
by David Cochran | Jan 31, 2019 | PTAB Trial Basics, Trial Institution
By Kait Crowder and Dave Cochran In Deeper, UAB v. Vexilar, Inc., the PTAB recently considered the extent of its discretion to grant or deny inter partes review in a case where a petitioner challenges multiple claims on numerous grounds. In this case, the petitioner...
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....
