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Prior Art Asserted in Second Petition Should Have Been Asserted in the First

Prior Art Asserted in Second Petition Should Have Been Asserted in the First

by Emily Tait | Jan 13, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Adriane Elinski and Emily Tait – The PTAB denied institution of a second inter partes review (“IPR”) petition filed by Aylo Freesites (“Petitioner”) after having previously instituted inter partes review of Petitioner’s first petition related to the same...
Another Bite?  CAFC Allows Expansion of Arguments in Reply

Another Bite? CAFC Allows Expansion of Arguments in Reply

by Emily Tait | Dec 8, 2023 | Federal Circuit Appeal, PTAB News, PTAB Trial Basics

By Evan Jones and Emily Tait – In a recent decision, the Federal Circuit found no abuse of discretion by the Board when it allowed Apple to expand its analogous art contention in its IPR reply, finding that the Board’s decision did not run afoul of the “newness”...
Fintiv Factor 3 Centers on Degree of Investment, Not Substantive Arguments

Fintiv Factor 3 Centers on Degree of Investment, Not Substantive Arguments

by Emily Tait | Aug 1, 2023 | PTAB News, Trial Institution

By Emily Tait and Adriane Elinski* – In a recent decision, the PTAB granted institution of an IPR despite multiple parallel district court proceedings involving the same patent, and flatly rejected the Patent Owner’s argument that the Petitioner’s “conflicting”...
FWDs Issue in the Nick of Time to Suspend ITC Orders

FWDs Issue in the Nick of Time to Suspend ITC Orders

by Emily Tait | Feb 15, 2023 | PTAB News, Stay

By Steve Bradley, Emily Tait, and Marc Blackman – After finding that Apple infringed certain AliveCor patents related to wearable devices capable of monitoring a user’s cardiac activity, the International Trade Commission (“ITC”) entered a limited exclusion...
Lessons Learned: Director Emphasizes Patent Quality in Evaluating General Plastic Factors

Lessons Learned: Director Emphasizes Patent Quality in Evaluating General Plastic Factors

by Emily Tait | Sep 15, 2022 | PTAB News

By Emily Tait –  In the precedential decision Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017), the PTAB articulated seven non-exclusive factors to be considered before discretionarily denying a subsequent IPR...
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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.