by Marc S. Blackman | Jul 9, 2019 | Discovery, PTAB News
By Marc S. Blackman The PTAB recently granted a Patent Owner’s motion to take additional discovery of Petitioner’s expert. In particular, the PTAB ordered Petitioner’s expert to produce documents that identify materials he reviewed in preparing his declaration. ...
by Marc S. Blackman | Apr 26, 2019 | PTAB News
By Marc Blackman The Federal Circuit recently affirmed a preliminary injunction barring PTAB proceedings in view of a forum selection clause. Dodocase VR, Inc. v. MerchSource, LLC, 2018-1724 (Fed. Cir. Apr. 18, 2019). Dodocase, the owner of patents related to virtual...
by Marc S. Blackman | Dec 21, 2018 | Estoppel
By Marc Blackman – The Federal Circuit recently affirmed final written decisions in two inter partes reviews by holding that the patent owner was collaterally estopped from relitigating the threshold issue of whether a prior art reference was a...
by Marc S. Blackman | Nov 15, 2018 | Discovery, PTAB Trial Basics
By Marc Blackman Discovery is limited in inter partes review proceedings. As we previously discussed here and here, discovery is available only “in the interest of justice,” and requests for discovery frequently are denied. Yet, a party may be aware of information...
by Marc S. Blackman | Sep 17, 2018 | Time Limits
By: Marc Blackman Timely IPR Petition A petition for inter partes review is timely if it is filed within one year of service of a complaint alleging infringement of the challenged patent on the petitioner, real party in interest, or privy of the petitioner. 35 U.S.C....
