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...
by Kenneth Luchesi | Sep 9, 2018 | Estoppel
By: Kenneth S. Luchesi As the boundaries of estoppel post-SAS continue to unfold, one court has found that if a petitioner’s time for appealing a PTAB partial-institution decision had not yet run out at the time that SAS was handed down, then the failure to appeal...
by Kenneth Luchesi | Mar 20, 2018 | PTAB Trial Basics, Time Limits
By: Kenny Luchesi disclaimer A few weeks ago, we posted an article discussing the Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345 (Fed. Cir. 2018). (see Disclaimer Before Institution May Not Avoid Adverse Judgment Estoppel). In...
