by Kenneth Luchesi | Feb 21, 2020 | PTAB News
By Kenny Luchesi – On remand from the Federal Circuit, the PTAB ruled that a patentee’s certificate of correction—issued after the Board invalidated the claims in a final written decision—could not be applied retroactively. After the IPR petition was filed, the...
by Kenneth Luchesi | Oct 10, 2019 | Federal Circuit
By Kenny Luchesi In Henny Penny Corp. v. Frymaster L.L.C., No. IPR2016-01435, (P.T.A.B. Mar. 16, 2017), the petitioner (HPC) challenged certain claims of U.S. Patent No. 8,497,691, owned by HPC’s competitor, Frymaster. The ’691 patent relates to deep fryers, and is...
by Kenneth Luchesi | Jun 17, 2019 | Evidentiary Issues, Trial Institution
By Kenny Luchesi The Board has broad discretion to determine how much weight should be given to inventor testimony, but as long as the testimony does not relate to the inventor’s opinion about the meaning of a claim term, there is no basis for broadly excluding all...
by Kenneth Luchesi | Jan 25, 2019 | Federal Circuit Appeal, Final Written Decisions
By Kenny Luchesi Amazon.com, Inc. and Blizzard Entertainment, Inc. (“Amazon”) filed a petition for inter partes review challenging the validity of AC Technologies S.A.’s (“AC”) U.S. Patent No. 7,904,680. See IPR2015-01802. Amazon asserted three grounds of...
by Kenneth Luchesi | Dec 14, 2018 | Real Party in Interest
By Kenny Luchesi – In a recently published decision, the PTAB held that Samsung’s petition for inter partes review of a patent owned by The SEVEN Networks LLC was not time-barred under § 315(b). Samsung filed its petition less than one year after being...
