by Jones Day's PTAB Team | Mar 28, 2016 | 325(d) issues
Summary of Presentation Slides: Litigants have long utilized duplicative filing of IPR or CBM petitions to obtain the benefit of arguments made by earlier petitioners and to improve leverage for settlements with patent owners. Such litigants often rely an important...
by Jones Day's PTAB Team | Mar 14, 2016 | Stay
The International Trade Commission (“ITC”) has never granted a stay of a Section 337 investigation in favor of an American Invents Act inter partes review (“IPR”) at the U.S. Patent and Trademark Office (“USPTO”). That trend...
by Jones Day's PTAB Team | Mar 9, 2016 | PTAB Trial Basics
In Synchronoss Technologies, Inc. v. Hyperlync Technologies, Inc., 3-15-cv-02845 (NJD March 7, 2016, Order) (Cooper, J.), the U.S. District Court for the District of New Jersey denied, without prejudice, Hyperlync’s motion to dismiss on 35 USC § 101 grounds. The...
by Jones Day's PTAB Team | Mar 8, 2016 | 325(d) issues, Preliminary Responses
In Harmonic, Inc. v. AVID Technology, Inc., a Federal Circuit panel affirmed the PTAB’s decision in IPR2013-00252 and ratified certain aspects of the Board’s handling of redundant grounds of unpatentability. In PTAB trials, such as IPRs, petitioners can...
by Jones Day's PTAB Team | Mar 4, 2016 | Evidentiary Issues
NHK Seating of Am., Inc. v. Lear Corp., IPR2014-01200, Final Written Decision, Paper 29 (P.T.A.B. Feb. 2, 2016) In IPR and CBM proceedings involving patents examined under pre-America Invents Act (AIA) rules, a patent owner may seek to disqualify a reference as prior...
