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No Genuine Issue of Fact Where Petitioner’s Claim Construction Is Wrong

No Genuine Issue of Fact Where Petitioner’s Claim Construction Is Wrong

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...
Not So Secondary: Overcoming Obviousness With Objective Indicia

Not So Secondary: Overcoming Obviousness With Objective Indicia

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,...
Anticipation Requires More Than A Reference That Discloses All The Elements

Anticipation Requires More Than A Reference That Discloses All The Elements

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...
PTAB Issues Revised Procedure For Decisions Remanded From The Federal Circuit

PTAB Issues Revised Procedure For Decisions Remanded From The Federal Circuit

by David Cochran | Nov 17, 2017 | Federal Circuit Appeal

By Tom Ritchie and Dave Cochran On November 16, 2017, the PTAB announced its revised Standard Operating Procedure for decisions remanded from the Federal Circuit for further proceedings.  In SOP 9, the PTAB provides guidance to panels and parties that facilitates its...
Jones Day Helps Launch Post-Grant Pro Bono Project

Jones Day Helps Launch Post-Grant Pro Bono Project

by David Cochran | Oct 20, 2017 | PTAB News

By Dave Cochran Jones Day has joined forces with the North Carolina Central University (NCCU) School of Law’s IP Law Institute, as well as Fish & Richardson and the SAS Institute Inc., to launch the Post-Grant Clinic. The joint effort launched during a...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.