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...
by Matthew Johnson | Jul 28, 2021 | Federal Circuit Appeal, Petitions
By Albert Liou – The Federal Circuit’s recent decision in Microsoft Corporation v. FG SRC, LLC, No. 2020-1928 (Fed. Cir. June 17, 2021), is a stark reminder that an IPR petitioner must always set forth its grounds in its petition with particularity. In the...
by Joseph Beauchamp | Jul 22, 2021 | Petitions, PTAB News
By Alison Ibendahl and Joseph Beauchamp – A June 25, 2021 decision by the PTAB has clarified that when paying the filing fee via wire transfer, the inter partes review (“IPR”) petition filing date is based upon when the funds are made available to the USPTO. ...
by Matthew Johnson | Jun 8, 2021 | Petitions, Trial Institution
By Ashvi Patel,* Marlee Hartenstein, and Matt Johnson In Fantasia Trading LLC v. Cognipower LLC, IPR2021-00070, Paper 21 (May 20, 2021), the Patent Trial and Appeal Board (PTAB) declined to institute inter partes review (IPR) where Petitioner Fantasia Trading LLC...
