by Sue Gerber | Apr 18, 2025 | Expert Witnesses, Trial Institution
By Sue Gerber – It is relatively uncommon for parties to submit expert declarations in the preliminary-response phase of an IPR proceeding, but recently the Patent Owner in Imperative Care, Inc. v. Inari Medical, Inc. effectively used that strategy to defeat...
by Sue Gerber | Jul 19, 2018 | 325(d) issues, Trial Institution
By: Susan M. Gerber The PTAB has discretion to deny “follow-on” petitions that challenge the validity of a patent that has been previously subjected to inter partes review. See 35 U.S.C. § 314(a); Gen. Plastic Indus. Co. Ltd. v. Canon Kabushiki Kaisha, Case...
by Sue Gerber | Apr 3, 2018 | Estoppel, PGR
By: Sue Gerber While claims among patents in the same family can be very similar, such similarities are not enough for the statutory estoppel provision of 35 U.S.C. §325(e)(1) to apply. In Telebrands Corp. v. Tinnus Enterprises, LLC, the PTAB interpreted the scope of...
