by Matthew Johnson | Feb 3, 2023 | Evidentiary Issues, Federal Circuit Appeal, Prior Art Issues, PTAB News
By Sue Gerber and Matt Johnson – Proof of prior art is an issue that often arises in inter partes and post grant review proceedings before the PTAB. In a recent decision, the Federal Circuit explained the quantum of proof that is required to establish prior...
by Matthew Johnson | Jan 26, 2023 | Evidentiary Issues, PTAB News
By Ryan Mueller, Sachin Patel, and Matt Johnson – The PTAB recently granted Frameless Hardware Company LLC’s (“FHC”) motion to submit supplemental information to its expert’s original declaration in support of institution. FHC had filed two petitions against...
by Matthew Johnson | Jan 13, 2023 | Discovery, Evidentiary Issues, PTAB News
By Ashvi Patel, Marlee Hartenstein, and Matt Johnson – On November 18, 2022, a panel of three PTAB administrative patent judges denied a Patent Owner’s Request for Additional Discovery in Twitter, Inc. v. Palo Alto Research Center Inc., IPR2021-01398. The PTAB...
by Matthew Johnson | Sep 27, 2022 | Evidentiary Issues, Expert Witnesses
By Stephanie Mishaga and Matt Johnson – In a recent Boardside Chat webinar, a panel made up of PTAB judges and practicing attorneys discussed the use of experts and expert testimony in American Invents Act (AIA) proceedings. The panelists stressed that...
by Matthew Johnson | Sep 8, 2022 | Discovery, Evidentiary Issues
By Julia Paschwitz* and Matt Johnson – On September 21, 2021 a PTAB panel granted a motion to strike two Exhibits as not timely submitted by the Petitioner in Samsung Electronics America, Inc. v. Kannuu PTY LTD, IPR2020-00738. Those exhibits were submitted by...
by Matthew Johnson | Aug 23, 2022 | Evidentiary Issues, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – While creativity has its place in advocacy, it can be taken too far. The Petitioner learned this lesson the hard way in Unified Patents Inc. v. American Patents LLC, IPR2019-00482, Paper 132 (P.T.A.B. Aug. 3, 2022). In this...
