by Matthew Johnson | Feb 11, 2017 | Evidentiary Issues
By Matt Johnson The Patent Trial and Appeal Board’s Trial Practice Guide, 77 Fed. Reg. 48756, includes discussions of types of discovery that may come into play in post-grant trials, including the possibility of live testimony. The Guide states that...
by David Maiorana | Dec 15, 2016 | Evidentiary Issues, Federal Circuit Appeal, Prior Art Issues
By Dave Maiorana The Federal Circuit In In re: NuVasive, Inc. vacated and remanded the Patent Trial and Appeal Board’s finding that NuVasive’s claims are unpatentable in IPR2013-00506. The court held that it was unable to review the PTAB’s obviousness findings...
by Jones Day's PTAB Team | Dec 6, 2016 | Evidentiary Issues, Final Written Decisions, Petitions
By Jennifer Chheda, Ph.D. and Cary Miller, Ph.D. On November 14, 2016, the PTAB issued a Final Written Decision upholding Paragon Bioteck, Inc.’s patent, U.S. Patent No. 8,859,623 B1 (the “’623 patent”), relating to a method of using an ophthalmic composition for...
by Matthew Johnson | Nov 18, 2016 | Evidentiary Issues, Federal Circuit Appeal
By Matt Johnson On Nov. 8, the Federal Circuit reversed a PTAB decision to exclude certain allegedly hearsay Reg Synthetic evidence submitted in an attempt to antedate a prior art reference because the Circuit panel found that the evidence was not submitted for the...
by Jones Day's PTAB Team | Jul 28, 2016 | Evidentiary Issues, PTAB Trial Basics
On July 25, 2016, the U.S. Court of Appeals for the Federal Circuit issued a decision in In re Magnum Oil Tools International, Ltd., reversing the U.S. Patent Trial and Appeal Board’s (“PTAB”) decision in an inter partes review and holding that the PTAB improperly...
by Jones Day's PTAB Team | Jul 14, 2016 | Evidentiary Issues
Current understanding of the PTAB process holds that a party’s petition challenging a patent must contain all evidence and arguments for institution that the party plans to present; otherwise, anything not included in the petition is forfeited. This understanding may...
