by Matthew Johnson | Jun 14, 2024 | Evidentiary Issues, Final Written Decisions, Prior Art Issues
By Hailey Stewart,* Evan Tassis and Matt Johnson – In a Final Written Decision, the PTAB declared claims of a patent unpatentable after finding the patent was not entitled to the earlier priority date of the anticipatory reference in Platinum Optics Technology,...
by Carl Kukkonen | Feb 28, 2024 | Evidentiary Issues, Prior Art Issues, PTAB News
By Jareli Reynoso Gutierrez and Carl Kukkonen – Recently, the Court of Appeals for the Federal Circuit reversed one and vacated another Patent Trial and Appeal Board (“PTAB”) final written decision in which the PTAB determined that Weber Inc. (“Weber”) failed to...
by John Marlott | Dec 18, 2023 | Evidentiary Issues, PTAB News, PTAB Trial Basics
By John Marlott – Just because a document is archived on the Internet Archive’s Wayback Machine® does not necessarily qualify it as prior art for an IPR challenge. What is the Wayback Machine®? The USPTO describes it this way: The Wayback Machine® is a digital...
by Matthew Johnson | Nov 9, 2023 | Evidentiary Issues, Federal Circuit Appeal, Final Written Decisions
By Jack Graves and Matt Johnson – In Elekta Limited v. Zap Surgical Systems, Inc., the Federal Circuit recently affirmed a PTAB decision finding certain claims of a patent owned by Elekta Limited (“Elekta”) to be unpatentable, even though the PTAB decision had...
by Lisa Furby | Apr 26, 2023 | Evidentiary Issues, PTAB News
By Jesse Wynn and Lisa Furby – Parties before the PTAB should be careful to submit supplemental materials as soon as practicable. In Extractiontek Sales v. Gene Pools Tech., the PTAB denied a Patent Owner’s motion to submit a deposition transcript from a...
by Carl Kukkonen | Mar 7, 2023 | Evidentiary Issues, Expert Witnesses
By Carl Kukkonen – In Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9 (Aug. 24, 2022) the PTAB denied institution of an Inter Partes Review under 35 USC § 314. This denial was based on several factors including the declaration of the petitioner’s expert...
