by David Cochran | Dec 16, 2016 | Prior Art Issues, Trial Institution
By Dave Cochran The PTAB denied institution of inter partes review in IPR2016-01083, Microsoft Corporation v. Corel Software, Inc., because the petitioner – Microsoft – failed to establish that a software reference manual that was part of its sole ground of...
by David Maiorana | Dec 15, 2016 | Evidentiary Issues, Federal Circuit Appeal, Prior Art Issues
By Dave Maiorana The Federal Circuit In In re: NuVasive, Inc. vacated and remanded the Patent Trial and Appeal Board’s finding that NuVasive’s claims are unpatentable in IPR2013-00506. The court held that it was unable to review the PTAB’s obviousness findings...
by Doug Pearson | Dec 5, 2016 | Federal Circuit Appeal, Prior Art Issues
By Doug Pearson In a decision dated November 15, 2016, the Court of Appeals for the Federal Circuit vacated and remanded the PTAB’s decision in IPR2014-00233, in which the Board found (i) that Perfect Surgical Techniques, Inc. (“PST”), owner of U.S. Patent No....
by David Cochran | Nov 3, 2016 | Prior Art Issues
By Dave Cochran In a final written decision in Duodecad IT Services Luxembourg S.A.R.L, et al. v. WAG Acquisition, LLC (IPR2015-01036, paper 17), the PTAB took up the question of whether a patent’s file history qualifies as a “printed publication”...
by Jones Day's PTAB Team | Dec 30, 2015 | Prior Art Issues
Summary — Two Key Lessons: (1) The petitioner bears the initial burden of production to show that a challenged patent is not entitled to its earliest effective filing date. (2) Under Dynamic Drinkware, the petitioner must show that the claims of a published...
