by Josh Nightingale | Feb 28, 2023 | Petitions, PGR, Trial Institution
By Ashvi Patel and Josh Nightingale – Samsung Electronics Co. (“Samsung”) recently faced the issue of determining whether U.S. Patent No. 11,163,823 (“the ‘823 patent”) is a pre- or post-AIA patent. Hedging its bets, Samsung concurrently filed two petitions—one...
by Matthew Johnson | Oct 27, 2022 | Petitions, PTAB News
By Ashvi Patel* and Matt Johnson – Patent Owner, C.R. Laurence Co. Inc. (CRL), filed a patent infringement suit against Petitioner, Frameless Hardware Company LLC (FHC) for infringement of U.S. Patent No. 9,074,413 (the ‘413 patent) directed to framing members...
by Josh Nightingale | Nov 3, 2021 | Petitions
By Alex Li and Josh Nightingale – The first step in requesting an inter partes review (IPR) of a granted patent is the filing of a petition before the Patent Trial and Appeal Board (PTAB), in which the petitioner states the grounds for the invalidity of the...
by Sarah Geers | Sep 28, 2021 | Federal Circuit, Federal Circuit Appeal, Petitions, PTAB News
By Lisa Furby and Sarah Geers – In Baker Hughes Oilfield v. Hirshfeld, the Federal Circuit held that the PTAB violated the Administrative Procedure Act (“APA”) by finding certain instituted claims obvious on grounds it had indicated in its institution that it...
by Matthew Johnson | Aug 31, 2021 | Claim Construction, Petitions, PGR, PTAB News
By Sue Gerber and Matt Johnson – A patent is eligible for post-grant review (“PGR”) only if the patent is subject to the first-inventor-to-file provisions of the AIA. In Tricam Indus., Inc. v. Little Giant Ladder Sys., LLC, the PTAB explained that determining...
by Matthew Johnson | Aug 7, 2021 | Petitions, Prior Art Issues
By: Nick Bagnolo and Matt Johnson – When filing an IPR, petitioners should be careful not to take for granted one of the most fundamental aspects of challenging validity in this forum: Whether or not the relied upon references qualify as prior art. Pursuant to...
