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Claim Construction Dispositive In Patentability Determination

Claim Construction Dispositive In Patentability Determination

by Matthew Johnson | Mar 29, 2024 | Claim Construction, Final Written Decisions, PTAB News, PTAB Trial Basics

By Sue Gerber and Matt Johnson – It goes without saying that claim construction is an important issue, but the PTAB’s recent decision in Netflix, Inc. v. DIVX, LLC, IPR2020-00558, Paper 66 (PTAB Feb. 22, 2024), shows not only that reasonable minds can differ...
PTAB Proposes Permanent MTA Pilot Program Rules

PTAB Proposes Permanent MTA Pilot Program Rules

by Matthew Johnson | Mar 22, 2024 | Amendment Practice, PTAB News

By Christian Roberts, and Daniel Sloan, and Matt Johnson – On March 4, 2024, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) regarding Motion To Amend (“MTA”)...
PTAB Denies Parallel IPR Petition

PTAB Denies Parallel IPR Petition

by Kenneth Luchesi | Mar 13, 2024 | PTAB News, Trial Institution

By Owen Carpenter and Kenny Luchesi – The PTAB recently denied Intel’s (Petitioner) parallel IPR petition (IPR2023-01140) against AX Wireless (Patent Owner) challenging certain claims of U.S. Pat. No. 10,917,272. The denial came after Intel filed a separate...
General Plastic Factors Lead to Institution Denial

General Plastic Factors Lead to Institution Denial

by Carl Kukkonen | Mar 8, 2024 | PTAB News, PTAB Trial Basics, Trial Institution

By Carl Kukkonen – The Patent Trial and Appeal Board (PTAB) in Videndum Production Solutions, Inc. v. Rotolight Limited (IPR2023-01219), recently denied a petition for inter partes review (IPR) of a patent on a lighting system and control for producing cinematic...
Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal

Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal

by David Maiorana | Mar 1, 2024 | Federal Circuit Appeal, Final Written Decisions, PTAB News, PTAB Trial Basics

By Luke Cipolla and Dave Maiorana – On February 20, 2024, the Supreme Court denied Liquidia Technologies’ petition for a writ of certiorari to review a precedential Federal Circuit decision, United Therapeutics Corp. v. Liquidia Techs., Inc., 74 F.4th 1360 (Fed....
Federal Circuit Slices PTAB’s Printed Publication Finding

Federal Circuit Slices PTAB’s Printed Publication Finding

by Carl Kukkonen | Feb 28, 2024 | Evidentiary Issues, Prior Art Issues, PTAB News

By Jareli Reynoso Gutierrez and Carl Kukkonen – Recently, the Court of Appeals for the Federal Circuit reversed one and vacated another Patent Trial and Appeal Board (“PTAB”) final written decision in which the PTAB determined that Weber Inc. (“Weber”) failed to...
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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.