by Geoffrey Gavin | Sep 12, 2019 | PTAB Trial Basics, Standing
By Geoffrey Gavin and Matt Johnson The PTAB designated as precedential a January 2019 panel decision relating to the bar on instituting an IPR under 35 U.S.C. § 315(a)(1) when the petitioner previously filed a civil action challenging the validity of the patent. See...
by Geoffrey Gavin | Jun 24, 2018 | Federal Circuit
By: Geoffrey K. Gavin Last week, the Federal Circuit granted, in part, a panel rehearing request and remanded an IPR to the PTAB in view of SAS to address claims that were not initially instituted by the Board. Broad Ocean Tech., LLC v. Nidec Motor Corp., No....
by Geoffrey Gavin | Jan 26, 2018 | Evidentiary Issues, Motions Practice, PTAB Trial Basics
By Geoffrey Gavin In a recent decision, the PTAB denied a petitioner’s request for authorization to file a motion to submit supplemental information directed to the level of ordinary skill in the art. Ooma, Inc. v. Deep Green Wireless LLC, IPR2017-01541, Paper 14...
by Geoffrey Gavin | Dec 21, 2017 | 325(d) issues, Trial Institution
By Geoffrey Gavin In a recent decision, the PTAB exercised its discretion under 35 U.S.C. § 325(d) to deny institution of an IPR petition that presented the same prior art before the Patent Office in a pending reexamination. Fox Factory, Inc. v. SRAM, LLC,...
by Geoffrey Gavin | Nov 3, 2017 | PTAB Trial Basics
By Geoffrey Gavin In a series of recent decisions, the PTAB denied institution on a dozen petitions on related patents because of one problem it identified in the petitioner’s arguments. All of the petitioner’s proposed grounds challenged the patents under § 103, and...
