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PTAB Denial of Inter Partes Review under §325(d)

PTAB Denial of Inter Partes Review under §325(d)

by Matthew Johnson | Aug 18, 2023 | 325(d) issues, Prior Art Issues, PTAB News

By Mike Lavine, Aska Fujimori-Smith,* Jetta Cook, and Matt Johnson – The Patent Trial and Appeal Board (“PTAB” or “Board”) recently denied inter partes review (IPR) of an electrocardiography monitor patent under 35 U.S.C. §325(d), finding that the same or...
Provisional Describes “Incompressible Solid” Despite Disclosure Of “Little” Compression

Provisional Describes “Incompressible Solid” Despite Disclosure Of “Little” Compression

by Albert Liou | Aug 1, 2023 | Prior Art Issues, PTAB News, Trial Institution

By Albert Liou – In a recent decision denying institution, the PTAB rejected Petitioner Mercedes Benz USA’s argument that the challenged patent was not entitled to the filing date of its provisional application.  Mercedes-Benz USA, LLC v. Westport Fuel Systems...
Existence != Access – Public Accessibility Must be Clear

Existence != Access – Public Accessibility Must be Clear

by Joseph Beauchamp | Jul 6, 2023 | Prior Art Issues, PTAB News

By Alison Ibendahl and Joe Beauchamp – In a recent decision, the Patent Trial and Appeals Board denied institution of inter partes review after holding that Petitioner Microsoft’s key obviousness reference did not qualify as a printed publication.  Microsoft...
Panel Grants Rehearing and Reverses Itself On Patentability

Panel Grants Rehearing and Reverses Itself On Patentability

by Lisa Furby | Feb 9, 2023 | Prior Art Issues, Request for Reconsideration

By Ryan Mueller and Lisa Furby – On January 10, 2023, a PTAB panel granted a Petitioner’s Request for Rehearing of Final Written Decision and, contemporaneously, issued a revised Final Written Decision in Unified Patents, LLC, v. 2BCom, LLC, IPR2020-00996,...
Proof of Prior Art Requires Sufficient Corroboration By Credible Evidence

Proof of Prior Art Requires Sufficient Corroboration By Credible Evidence

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...
Door Closed On Petitioner Who Failed To Prove Analogous Art

Door Closed On Petitioner Who Failed To Prove Analogous Art

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....
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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.