by David Cochran | Apr 11, 2019 | Evidentiary Issues
By Dave Cochran Inter Partes review can only be based on prior art consisting of patents or printed publications. 35 USC 311(b). Patents are easy to spot because they are issued by a governmental authority of some sort, but whether something is a “printed...
by Matthew Johnson | Dec 18, 2018 | Evidentiary Issues
By Jihong Lou, Levent Herguner, Alex Li, and Matt Johnson – On December 6, 2018, the PTAB hosted a Boardside Chat webinar on hearsay and authentication. The Administrative Patent Judges presenting the webinar were Michael Zecher, Tom Giannetti, and Grace...
by Jennifer Chheda, Ph.D. | Oct 25, 2018 | Evidentiary Issues
By: Jennifer J. Chheda, Ph.D and John D. Kinton The Federal Circuit recently affirmed the Patent Trial and Appeal Board’s (“PTAB”) final written decisions finding the claims of Yeda Research and Development Co., Ltd.’s (“Yeda”) U.S. Patent Nos. 8,232,250, 8,399,413,...
by Gasper LaRosa | Aug 22, 2018 | Evidentiary Issues, Motions Practice, Pharmaceutical
By: Mital B. Patel and Gasper J. LaRosa The PTAB recently granted a rare motion for additional discovery into the question of whether an unnamed party, Amneal Pharmaceuticals, LLC (“Amneal”), should have been named as a real-party-in-interest. In Kashiv LLC v. Purdue...
by Carl Kukkonen | Aug 22, 2018 | Evidentiary Issues
By: Amanda Leckman and Carl Kukkonen A party to an inter partes review may submit supplemental information within one month of institution if the party can show that the supplemental information is “relevant to a claim for which the trial has been instituted.” 37...
by Doug Pearson | Jun 28, 2018 | Evidentiary Issues, Prior Art Issues
By: Doug Pearson With the universe of prior art available for IPRs being limited to patents and printed publications (35 U.S.C. § 311(b)), questions regarding the applicability of printed material that might be considered less mainstream prior art are sure to arise. ...
