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 David Maiorana | Sep 15, 2022 | PGR, PTAB News
By David Linden and Dave Maiorana – U.S. Patent No. 9,157,017 (“the ’017 Patent”) is assigned to Honeywell International Inc. (“Honeywell”) and is titled, “Compositions Containing Fluorine Substituted Olefins and Methods and Systems Using Same.” The detailed...
by Matthew Johnson | Aug 19, 2022 | PGR, Trial Institution
By Nicolas Aalberg,* Evan Jones, and Matt Johnson – On June 10, 2022, the PTAB in Apple Inc. v. MemoryWeb LLC denied Apple’s “conditional” IPR petition but instituted review of Apple’s concurrently-filed PGR petition, finding that MemoryWeb’s U.S. Patent No....
by Matthew Johnson | Apr 6, 2022 | Joinder, PGR, Trial Institution
By Christian Roberts and Matt Johnson – Typically, a Motion for Joinder to an earlier post-grant review (“PGR”) must be filed within one month of the institution of the earlier PGR. 37 C.F.R. § 42.222(b). While the Patent Trial and Appeal Board (“PTAB”) does...
by Josh Nightingale | Mar 24, 2022 | Estoppel, PGR
By Hannah Mehrle and Josh Nightingale – An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC. Under Section 325(e)(2) of...
by John Marlott | Dec 28, 2021 | PGR, PTAB News
By John Marlott – PGR petition filings were up slightly over the prior USPTO fiscal year, but the long-term historical trend continues to show that PGR challenges remain relatively infrequent. We recently reported on the PTAB’s release of its final statistics...
