by Matthew Johnson | May 23, 2018 | Motions Practice
By: Sean Benevento[1], Mike Lavine, and Matt Johnson After IPR institution, a party may file a motion to submit supplemental information so long as (1) the party requests authorization to file the motion within a month of the date the trial was instituted, and (2) the...
by Matthew Johnson | May 23, 2018 | CBMs, Estoppel, Motions Practice, PTAB Trial Basics
By: Sue Gerber and Matt Johnson We recently reported some early observations about possible trends at the PTAB in the wake of the Supreme Court’s decision in SAS Institute Inc. v. Iancu. See Observations: Three Weeks After Supreme Court’s SAS Institute Decision. On...
by Tim Heverin | May 17, 2018 | Motions Practice
By: Tim Heverin The PTAB recently denied a motion for additional discovery that sought the production of documents argued to be relevant to inventorship. In Watson Laboratories, Inc. v. United Therapeutics, Corp., Case IPR2017-01621 and -01622 (PTAB April 27, 2018)...
by Carl Kukkonen | May 14, 2018 | Motions Practice, PTAB Trial Basics
By: Stephanie Brooker and Carl Kukkonen The Patent Trial and Appeals Board (PTAB) recently denied a Motion to Dismiss asserting the presence of a conflict of interest of USPTO Director Andrei Iancu. In St. Jude Medical, LLC. v. Snyders Heart Valve LLC, the Patent...
by Geoffrey Gavin | Jan 26, 2018 | Evidentiary Issues, Motions Practice, PTAB Trial Basics
By Geoffrey Gavin In a recent decision, the PTAB denied a petitioner’s request for authorization to file a motion to submit supplemental information directed to the level of ordinary skill in the art. Ooma, Inc. v. Deep Green Wireless LLC, IPR2017-01541, Paper 14...
by Jones Day's PTAB Team | Nov 23, 2015 | Motions Practice
The inter partes review (“IPR”) statute authorizes a patent owner (“PO”) to “file, after an IPR has been instituted, one motion to amend the patent to: (i) cancel any challenged patent claim,” and “(ii) for each challenged claim, propose a reasonable number of...
