by David Cochran | Nov 18, 2019 | Patent Eligible Subject Matter
By Jasper Tran, Sean Benevento,* Dave Cochran, and Matt Silveira Jones Day recently published a recap of aftermath of the Supreme Court’s Alice decision across patent jurisdictions, including the PTAB, in the PatentlyO Law Journal. This paper updates the...
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...