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Higher Burden of Demonstrating Public Accessibility of a Reference at Final Decision Stage

Higher Burden of Demonstrating Public Accessibility of a Reference at Final Decision Stage

by Jennifer Chheda, Ph.D. | May 13, 2024 | Final Written Decisions, Prior Art Issues, PTAB News, Request for Reconsideration

By Jennifer Chheda and Daniel Sloan – In denying Petitioner Medivis, Inc.’s (“Medivis”) Request for Rehearing of the Patent Trial and Appeal Board’s (“PTAB”) Final Written Decision (“FWD”) in Medivis, Inc. v. Novarad Corp. inter partes review, the PTAB found...
Fed. Cir. Rejects New IPR Constitutional Challenges

Fed. Cir. Rejects New IPR Constitutional Challenges

by Jennifer Chheda, Ph.D. | Oct 26, 2021 | Federal Circuit Appeal, PTAB News

By: Jennifer J. Chheda – In Mobility Workx, LLC v. Unified Patents, LLC, the Federal Circuit in a split decision concluded that Mobility Workx, LLC’s constitutional challenges to structure and funding of the Patent Trial and Appeal Board (“PTAB”) are without...
Fed. Cir. Directs Dismissal of Ex Parte Reexam

Fed. Cir. Directs Dismissal of Ex Parte Reexam

by Jennifer Chheda, Ph.D. | Oct 15, 2021 | Federal Circuit Appeal, PTAB News

By Jennifer Chheda – On September 29, 2021, the Federal Circuit in In re: Vivint, Inc. (Fed. Cir. 2021) held that 35 U.S.C. § 325(d) applies to both inter partes review (IPR) petitions and requests for ex parte reexamination.  Accordingly, the Federal Circuit...
Role Of Company Board Members May Impact RPI Analysis

Role Of Company Board Members May Impact RPI Analysis

by Jennifer Chheda, Ph.D. | Jan 4, 2019 | Real Party in Interest, Request for Reconsideration

By Jennifer Chheda Ph.D. and John Kinton The Patent Trial and Appeal Board (“PTAB”) recently denied the request of petitioner Fasteners for Retail, Inc. (“FFR” or “petitioner”) for rehearing in connection with decisions denying the institution of inter partes review...
Post-Priority Document Usable As Evidence of POSITA Motivation

Post-Priority Document Usable As Evidence of POSITA Motivation

by Jennifer Chheda, Ph.D. | Oct 25, 2018 | Evidentiary Issues

By: Jennifer J. Chheda, Ph.D and John D. Kinton The Federal Circuit recently affirmed the Patent Trial and Appeal Board’s (“PTAB”) final written decisions finding the claims of Yeda Research and Development Co., Ltd.’s (“Yeda”) U.S. Patent Nos. 8,232,250, 8,399,413,...
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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.