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Experts and Expert Testimony in PTAB Proceedings

Experts and Expert Testimony in PTAB Proceedings

by Matthew Johnson | Sep 27, 2022 | Evidentiary Issues, Expert Witnesses

By Stephanie Mishaga and Matt Johnson – In a recent Boardside Chat webinar, a panel made up of PTAB judges and practicing attorneys discussed the use of experts and expert testimony in American Invents Act (AIA) proceedings.  The panelists stressed that...
Error Apparent?  Federal Circuit Tackles Obvious Errors in Prior Art

Error Apparent? Federal Circuit Tackles Obvious Errors in Prior Art

by Matthew Johnson | Sep 22, 2022 | Prior Art Issues, PTAB News

By Sean Benevento, Mike Lavine, and Matt Johnson – In LG Electronics v. Immervision, the Federal Circuit clarified the standard for evaluating whether a prior art reference includes an obvious typographical error.  See 39 F.4th 1364, 1365 (Fed. Cir. 2022). Under...
PTAB Strikes Two Untimely Exhibits

PTAB Strikes Two Untimely Exhibits

by Matthew Johnson | Sep 8, 2022 | Discovery, Evidentiary Issues

By Julia Paschwitz* and Matt Johnson – On September 21, 2021 a PTAB panel granted a motion to strike two Exhibits as not timely submitted by the Petitioner in Samsung Electronics America, Inc. v. Kannuu PTY LTD, IPR2020-00738. Those exhibits were submitted by...
“Voluntary Interrogatory Responses” Excluded As Inadmissible Hearsay

“Voluntary Interrogatory Responses” Excluded As Inadmissible Hearsay

by Matthew Johnson | Aug 23, 2022 | Evidentiary Issues, PTAB News, PTAB Trial Basics

By Sue Gerber and Matt Johnson – While creativity has its place in advocacy, it can be taken too far.  The Petitioner learned this lesson the hard way in Unified Patents Inc. v. American Patents LLC, IPR2019-00482, Paper 132 (P.T.A.B. Aug. 3, 2022).  In this...
PTAB Institutes PGR, Denies Conditional IPR Petition

PTAB Institutes PGR, Denies Conditional IPR Petition

by Matthew Johnson | Aug 19, 2022 | PGR, Trial Institution

By Nicolas Aalberg,* Evan Jones, and Matt Johnson – On June 10, 2022, the PTAB in Apple Inc. v. MemoryWeb LLC denied Apple’s “conditional” IPR petition but instituted review of Apple’s concurrently-filed PGR petition, finding that MemoryWeb’s U.S. Patent No....
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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.