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No Need to Show Reasonable Expectation of Success Regarding Inherent Property

No Need to Show Reasonable Expectation of Success Regarding Inherent Property

by Matthew Johnson | Feb 6, 2025 | Prior Art Issues, PTAB News

By Raffaella Faraoni and Matt Johnson – The Federal Circuit affirmed six PTAB decisions that held unpatentable as obvious 79 claims of three Cytiva Bioprocess (“Cytiva”) challenged patents and reversed the PTAB decision upholding four claims. JSR Corp. (“JSR”)...
Similar Claims in Prior IPR Petition Leads to Denial

Similar Claims in Prior IPR Petition Leads to Denial

by Matthew Johnson | Jan 28, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Derek Walker, Evan Tassis, and Matt Johnson – The PTAB recently denied institution of inter partes review of a patent directed to deep packet inspection in software defined networks in Juniper Networks, Inc. v. Orckit Corporation, IPR2024-00895. Applying the...
When Is a Published Patent Application Prior Art in an IPR?

When Is a Published Patent Application Prior Art in an IPR?

by Matthew Johnson | Jan 23, 2025 | Federal Circuit, Prior Art Issues, PTAB News, PTAB Trial Basics

By Adam J. Cook and Michael Oblon – On appeal from an inter partes review (“IPR”), the Federal Circuit held that, under pre-America Invents Act (“pre-AIA”) law, a published patent application is prior art as of its filing date as opposed to its later date of...
Two Many IPRs: Different References Insufficient for Parallel IPRs

Two Many IPRs: Different References Insufficient for Parallel IPRs

by Matthew Johnson | Jan 22, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Pranita Dhungana and Matt Johnson – The Patent Trial and Appeal Board (“PTAB”) recently denied institution in an inter partes review (“IPR”) where Petitioner later filed a parallel petition against the same claims of the same patent.   Shenzhen Root Tech....
Thickness Arguments Cross the Line for Federal Circuit

Thickness Arguments Cross the Line for Federal Circuit

by Matthew Johnson | Jan 9, 2025 | Prior Art Issues, PTAB News, PTAB Trial Basics

By Sue Gerber, Adriane Elinski, and Matt Johnson – When issued patent drawings are not explicitly made to scale, the Federal Circuit recently confirmed that arguments relying solely or predominately on the features of those drawings, such as line thickness, are...
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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.