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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...
Decision to Deny Institution not Reviewable Despite Prior PTAB Trial

Decision to Deny Institution not Reviewable Despite Prior PTAB Trial

by Marc S. Blackman | Sep 4, 2019 | Federal Circuit Appeal, Trial Institution

By Marc Blackman In a split decision, the Federal Circuit dismissed three consolidated appeals holding that the PTAB’s decisions to deny institution were not appealable even though the PTAB previously had instituted the IPRs and proceeded through trial.  BioDelivery...
PTAB Orders Petitioner’s Expert to Produce Discovery

PTAB Orders Petitioner’s Expert to Produce Discovery

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. ...
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