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...
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...
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...
