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Error In Declaration Insufficient To Sink IPR

Error In Declaration Insufficient To Sink IPR

by Marc S. Blackman | Sep 22, 2023 | Federal Circuit, Final Written Decisions

By Marc Blackman – In a precedential opinion, the Court of Appeals for the Federal Circuit vacated a final written decision in which the Patent Trial and Appeal Board (“PTAB”) found that Apple had failed to meet its burden of showing unpatentability due to an...
Salesforce’s Reexams Estopped by RPX IPRs

Salesforce’s Reexams Estopped by RPX IPRs

by Marc S. Blackman | Jul 6, 2023 | Estoppel, PTAB News

By Marc Blackman and Ruth Brindel* – In decisions rare of their kind, the U.S. Patent and Trademark Office (“USPTO”) terminated two ex parte reexaminations in view of inter partes review (“IPR”) proceedings initiated by a different party. The decisions represent...
Reliance on Machine Translations Warrants Denial of IPR Petitions

Reliance on Machine Translations Warrants Denial of IPR Petitions

by Marc S. Blackman | Sep 8, 2020 | Evidentiary Issues

By Marc Blackman – An IPR petitioner that relies on foreign language prior art must submit an English language translation of the reference along with an affidavit attesting to the accuracy of the translation.  In a recent IPR proceeding, a petitioner’s reliance...
Despite Uncertain Trial Date, PTAB Denies Institution

Despite Uncertain Trial Date, PTAB Denies Institution

by Marc S. Blackman | May 28, 2020 | Time Limits, Trial Institution

By Marc Blackman – Applying the PTAB’s precedential NHK decision, the PTAB exercised its discretion to deny institution of three timely filed IPR petitions due to the advanced stage of a related district court action.  Intel Corporation v. VLSI Technology LLC,...
PTAB Focuses on IPR Control to Determine RPI

PTAB Focuses on IPR Control to Determine RPI

by Marc S. Blackman | Mar 21, 2020 | Real Party in Interest

By Marc Blackman – In three related final written decisions, the PTAB ruled that Bayer Healthcare (“Bayer”) was not a real party in interest (“RPI”) to IPR petitions filed by NOF Corporation, even though Bayer had a business relationship with NOF and stood to...
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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.