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,...
by David Cochran | Jan 12, 2018 | Federal Circuit Appeal, Prior Art Issues
By Tom Ritchie and Dave Cochran In Microsoft Corp. v. Biscotti, Inc., Nos. 2016-2080, -2082, -2083, 2017 WL 6613262 (Fed. Cir. Dec. 28, 2017), a divided Federal Circuit panel affirmed the Patent Trial and Appeal Board’s decision that Microsoft failed to prove that the...
