by Carl Kukkonen | Jan 16, 2017 | Prior Art Issues, PTAB Trial Basics
By Kevin Clark and Carl Kukkonen The Patent Trial and Appeal Board (“Board”) recently reviewed the threshold necessary to institute a request for inter partes review (IPR) under 35 U.S.C. § 102. Munchkin, Inc. v. Int’l Refills Co., Ltd., IPR2016-01154 (December 12,...
by Matthew Johnson | Dec 30, 2016 | Prior Art Issues
By Matt Johnson On December 20th, the PTAB found inventor Seymour Levine’s attempt to rescue certain claims of his patent via a swear-behind declaration unsuccessful. Boeing Company v. Seymour Levine, IPR2015-01341, Final Written Decision (Dec. 20, 2016). Mr....
by Jones Day's PTAB Team | Dec 26, 2016 | Pharmaceutical, Prior Art Issues
By Jeff Giering, Ph.D. and Cary Miller, Ph.D. On November 30, 2016, the PTAB issued decisions on the institution of inter partes reviews of U.S. Patent No. 6,667,061 (the ’061 patent), which relates to formulations for injectable suspensions having increased...
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....
