by Matthew Johnson | Feb 3, 2023 | Evidentiary Issues, Federal Circuit Appeal, Prior Art Issues, PTAB News
By Sue Gerber and Matt Johnson – Proof of prior art is an issue that often arises in inter partes and post grant review proceedings before the PTAB. In a recent decision, the Federal Circuit explained the quantum of proof that is required to establish prior...
by Matthew Johnson | Nov 16, 2022 | Prior Art Issues, Trial Institution
By Matt Modderman,* Robby Breetz, and Matt Johnson – A PTAB panel recently denied IPR institution where one of the asserted prior art references was non-analogous and thus the POSITA would not have made the proposed § 103 combination. The Chamberlain Group, LLC v....
by Matthew Johnson | Sep 22, 2022 | Prior Art Issues, PTAB News
By Sean Benevento, Mike Lavine, and Matt Johnson – In LG Electronics v. Immervision, the Federal Circuit clarified the standard for evaluating whether a prior art reference includes an obvious typographical error. See 39 F.4th 1364, 1365 (Fed. Cir. 2022). Under...
by Matthew Johnson | Jul 21, 2022 | Prior Art Issues, PTAB News
By Eric Jjemba,* Evan Jones, and Matt Johnson – On June 1, 2022, the Patent Trial and Appeal Board issued a Final Written Decision finding unpatentable three claims of AutoStore Technology AS’s (“AutoStore’s”) U.S. Patent No. 10,294,025 (“the ’025 patent”),...
by Joseph Beauchamp | May 11, 2022 | Final Written Decisions, Prior Art Issues
By Alison Ibendahl and Joe Beauchamp – In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior art did not qualify as “printed publications” under 35 U.S.C. § 311(b). ...
by Matthew Johnson | May 2, 2022 | 325(d) issues, Prior Art Issues, PTAB News
By Haytham Soliman and Matt Johnson – The Board denied post grant review in Palo Alto Networks, Inc. v. Centripetal Networks, Inc. under 35 U.S.C. § 325(d) after applying the Advanced Bionics[1] framework as informed by the factors outlined in Becton.[2] ...
