by Matthew Johnson | Dec 18, 2024 | District Court, Estoppel, PTAB News, PTAB Trial Basics
By Levent Herguner, Derek Walker, and Matt Johnson – The Promoting and Respecting Economically Vital American Innovation Leadership (“PREVAIL”) Act has moved to the Senate for a full vote after passing the Senate Judiciary Committee vote 11-10 on November 21,...
by Matthew Johnson | Dec 13, 2024 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By Adam Cook and Matt Johnson – The Patent Trial and Appeal Board (“PTAB”) denied institution in an inter partes review (“IPR”), finding that an online store’s assertion regarding when a product was “first available” is by itself insufficient evidence of...
by Matthew Johnson | Dec 11, 2024 | Expert Witnesses, PTAB News, PTAB Trial Basics
By James Twieg and Matt Johnson – “Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.” 37 C.F.R. § 42.65(a). With that principle in mind, the PTAB recently denied institution of...
by Matthew Johnson | Dec 6, 2024 | PTAB News, PTAB Trial Basics
By: Daniel Sloan, Kevin McCarthy, and Matt Johnson – The PTAB recently denied Bestway (USA), Inc.’s (“Petitioner”) request for PGR of U.S. Pat. No. 11,959,512 B2 (“the ’512 patent”) but declined to enter adverse judgment against Intex Marketing, Ltd. (“Patent...
by Matthew Johnson | Nov 26, 2024 | Estoppel, Evidentiary Issues, Prior Art Issues
By Dalton Earich,* Matt Modderman, and Matt Johnson – On October 25, 2024, the United States District Court for the Eastern District of Pennsylvania ordered Comcast Corporation (“Comcast”) to identify the date on which it learned of each patent, patent...
