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PTAB Reiterates Strict Evidentiary Standard for Printed Publications

PTAB Reiterates Strict Evidentiary Standard for Printed Publications

by Matthew Johnson | Dec 19, 2024 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics

By Nicholas D’Andrea and Matt Johnson – The PTAB denied institution of inter partes review (IPR) for a patent directed to geothermal technology.  Fervo Energy Co. v. Ormat Techs. Inc., IPR2014-00665, Paper 18 (PTAB Sept. 18, 2024).  The claimed invention...
“First Available” Date Alone Is Insufficient Evidence of Disclosure

“First Available” Date Alone Is Insufficient Evidence of Disclosure

by Matthew Johnson | Dec 13, 2024 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics

By Adam Cook and Matt Johnson – The Patent Trial and Appeal Board (“PTAB”) denied institution in an inter partes review (“IPR”), finding that an online store’s assertion regarding when a product was “first available” is by itself insufficient evidence of...
District Court Not Persuaded System Prior Art Evades IPR Estoppel

District Court Not Persuaded System Prior Art Evades IPR Estoppel

by Matthew Johnson | Nov 26, 2024 | Estoppel, Evidentiary Issues, Prior Art Issues

By Dalton Earich,* Matt Modderman, and Matt Johnson – On October 25, 2024, the United States District Court for the Eastern District of Pennsylvania ordered Comcast Corporation (“Comcast”) to identify the date on which it learned of each patent, patent...
Don’t Wait To Seek Discovery Or It May Be Too Late

Don’t Wait To Seek Discovery Or It May Be Too Late

by Matthew Johnson | Nov 18, 2024 | Discovery, Evidentiary Issues, Prior Art Issues, PTAB Trial Basics

By Sue Gerber and Matt Johnson – “The statutory provisions for inter partes reviews, post-grant reviews, and covered-business method patent reviews caution against overly broad discovery and provide the same considerations, including efficient administration of...
Citing Issued Patent Instead of Pre-Grant Publication Almost Costs Petitioner

Citing Issued Patent Instead of Pre-Grant Publication Almost Costs Petitioner

by Matthew Johnson | Oct 30, 2024 | Prior Art Issues, PTAB News

By Sabrina Bellantoni and Matt Johnson – Recently, the Patent Trial and Appeals Board (“PTAB”) released a final written decision finding no challenged claims were unpatentable in Duration Media LLC v. Rich Media Club LLC, IPR2023-00953, Paper 74 (August 19,...
PTAB Deems Rule Set File A Printed Publication

PTAB Deems Rule Set File A Printed Publication

by Carl Kukkonen | Oct 9, 2024 | Prior Art Issues, PTAB News

By Carl Kukkonen – The Patent Trial and Appeal Board (PTAB) in an inter partes review: Keysight Technologies, Inc. and Palo Alto Networks, Inc. v. Centripetal Networks, LLC found a rule set file used by a network security program to be a “printed publication”...
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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.