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Awkwardly Divided Petitions Triggers § 314(a) Denials

Awkwardly Divided Petitions Triggers § 314(a) Denials

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...
Multiple-Petition Strategies Fall Into Disfavor

Multiple-Petition Strategies Fall Into Disfavor

by Matthew Johnson | Dec 28, 2020 | Petitions, Trial Institution

By Lisa Furby and Matt Johnson – The results of a recent update to the PTAB Multiple Petition Study show Petitioners face an uphill battle when attempting to utilize a multiple petition strategy.  These results, discussed during the December 10, 2020 Boardside...
POP: What Makes A Book A “Printed Publication”?

POP: What Makes A Book A “Printed Publication”?

by Matthew Johnson | Jan 21, 2020 | Evidentiary Issues, Petitions, PTAB News

By Alex Li and Matt Johnson – A petition to institute an inter partes review (IPR) can only be filed on the basis of prior art consisting of patents and printed publications.  But what makes a reference a “printed publication”?  On December 20, 2019, the...
Strategic Decision to Forgo Expert Does Not Allow a “Second Bite”

Strategic Decision to Forgo Expert Does Not Allow a “Second Bite”

by Emily Tait | Sep 9, 2019 | Expert Witnesses, Petitions, Trial Institution

By Emily Tait The PTAB recently denied petitioner’s request for rehearing of a decision denying institution of inter partes review, rejecting the argument that the Board’s denial was based on an erroneous analysis of the “non-exhaustive” General Plastic factors.  See...
PTAB Determines Parallel ITC Record Did Not Create Tactical Advantage

PTAB Determines Parallel ITC Record Did Not Create Tactical Advantage

by Matthew Johnson | Aug 19, 2019 | Petitions, Trial Institution

By Levent Herguner and Matt Johnson In a recent decision, the PTAB decided to institute inter partes review (“IPR”) of U.S. Patent No. 7,937,394 B2 despite Patent Owner’s claims that Petitioner engaged in gamesmanship and asserted references and combinations that were...
PTAB Declines Review of “Follow-On” Petition By Different Party

PTAB Declines Review of “Follow-On” Petition By Different Party

by Matthew Johnson | Nov 30, 2018 | Petitions

By Sue Gerber and Matt Johnson The PTAB has discretion to deny “follow-on” petitions that challenge the validity of a patent that has been previously subjected to inter partes review.  See 35 U.S.C. § 314(a); Gen. Plastic Indus. Co. Ltd. v. Canon Kabushiki Kaisha,...
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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.