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. ...
by Matthew Johnson | Jun 14, 2018 | Evidentiary Issues
By: Tom Ritchie and Matt Johnson In Ericsson Inc. v. Intellectual Ventures I LLC, No. 2016-1671, 2018 WL 2407172 (Fed. Cir. 2018), a divided panel of the Federal Circuit reversed a PTAB decision that had sustained the patentability of claim 1 of U.S. Patent No....
by David Cochran | Apr 9, 2018 | Evidentiary Issues, PTAB Trial Basics
By: Rich Graham and Dave Cochran On April 2, 2018, the PTAB issued a final written decision in Fox Factory finding that the petitioner failed to carry its burden in showing the instituted claims were unpatentable as obvious. Fox Factory, Inc. v. SRAM, LLC,...
by Carl Kukkonen | Mar 21, 2018 | Evidentiary Issues, Other News, PTAB Trial Basics
By: Jeffrey Wu and Carl Kukkonen Publicly Accessible In Power Integrations, Inc. v. Semiconductor Components Industries, LLC, the PTAB provided new guidance to practitioners regarding the eligibility of conference papers as printed publications for use as prior art...
