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Expectation of Success Analysis Need Not Be Separate

Expectation of Success Analysis Need Not Be Separate

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...
PTAB Doubles Down on Interference Estoppel Issue

PTAB Doubles Down on Interference Estoppel Issue

by Matthew Johnson | Oct 26, 2023 | Estoppel, Final Written Decisions, PTAB News

By Anthony Kim*, Evan Jones, and Matt Johnson – The Patent Trial and Appeal Board held all challenged claims of IGT’s patent unpatentable as obvious over two prior art patents.  Zynga Inc. v. IGT, IPR2022-00199-32.  In doing so, the PTAB further held that,...
Patent Owner Unable to Change Inventorship During Remand

Patent Owner Unable to Change Inventorship During Remand

by Matthew Johnson | Oct 20, 2023 | Final Written Decisions, Prior Art Issues, PTAB News

By Hannah Mehrle and Matt Johnson – At the Inter Partes review trial, Patent Owner attempted to swear behind Petitioner’s primary prior art reference by showing that the inventors of the asserted patents had conceived of the invention before the priority date of...
Error In Declaration Insufficient To Sink IPR

Error In Declaration Insufficient To Sink IPR

by Marc S. Blackman | Sep 22, 2023 | Federal Circuit, Final Written Decisions

By Marc Blackman – In a precedential opinion, the Court of Appeals for the Federal Circuit vacated a final written decision in which the Patent Trial and Appeal Board (“PTAB”) found that Apple had failed to meet its burden of showing unpatentability due to an...
VLSI Claims Deemed Unpatentable

VLSI Claims Deemed Unpatentable

by Matthew Johnson | Jun 7, 2023 | Final Written Decisions, PTAB News

By Adam J. Cook,* Christian Roberts, and Matt Johnson – On May 12, 2023, the Intel v. VLSI chronicle continued as the PTAB issued a final written decision holding that all of the challenged claims of VLSI’s U.S. Patent No. 7,725,759 (“the ’759 patent”) were...
HE HAD THE POWER – Hirshfeld Decisions Stand

HE HAD THE POWER – Hirshfeld Decisions Stand

by Joseph Beauchamp | Apr 18, 2023 | Final Written Decisions, PTAB News

By Alison Ibendahl and Joe Beauchamp – A panel of the Federal Circuit has again held that Commissioner Drew Hirshfeld had the requisite authority to act on requests for Director review of PTAB decisions during which the office of Director was vacant.  Fall Line...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.