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PTAB Doubles Down on Interference Estoppel Issue

PTAB Doubles Down on Interference Estoppel Issue

by Matthew Johnson | Oct 26, 2023 | Estoppel, Final Written Decisions, PTAB News

By Anthony Kim*, Evan Jones, and Matt Johnson – The Patent Trial and Appeal Board held all challenged claims of IGT’s patent unpatentable as obvious over two prior art patents.  Zynga Inc. v. IGT, IPR2022-00199-32.  In doing so, the PTAB further held that,...
Patent Owner Unable to Change Inventorship During Remand

Patent Owner Unable to Change Inventorship During Remand

by Matthew Johnson | Oct 20, 2023 | Final Written Decisions, Prior Art Issues, PTAB News

By Hannah Mehrle and Matt Johnson – At the Inter Partes review trial, Patent Owner attempted to swear behind Petitioner’s primary prior art reference by showing that the inventors of the asserted patents had conceived of the invention before the priority date of...
Parallel Petitions Denied

Parallel Petitions Denied

by Matthew Johnson | Oct 16, 2023 | PTAB News, PTAB Trial Basics, Trial Institution

By Simon Maxwell* and Matt Johnson – On March 15, 2022, Facet Technologies, LLC (Plaintiff/Patent Owner) filed an infringement suit against LifeScan, Inc. (Defendant/Petitioner) in U.S. District Court for infringement of U.S. Patent No. 8,840,635 (the ’635...
Limitations Absent from a Notice of Allowability May be Material

Limitations Absent from a Notice of Allowability May be Material

by Matthew Johnson | Oct 10, 2023 | 325(d) issues, PTAB News, Trial Institution

By Daniel Sloan and Matt Johnson – On August 24, 2023, USPTO Director Kathi Vidal vacated a PTAB decision denying institution of inter partes review in Keysight Technologies, Inc. v. Centripetal Networks, Inc. and remanded the case for further proceedings....
Defective Service of Complaint Fails to Trigger Time Bar

Defective Service of Complaint Fails to Trigger Time Bar

by Matthew Johnson | Oct 4, 2023 | PTAB News, PTAB Trial Basics, Time Limits

By Tova Werblowsky* and Matt Johnson – Institution of an IPR is automatically barred if the “petition requesting the proceeding is filed more than 1 year after the date on which the petitioner…is served with the complaint alleging infringement of the patent.” 35...
Federal Circuit Finds Deuterated Analogs Of Small Molecule Drug Obvious

Federal Circuit Finds Deuterated Analogs Of Small Molecule Drug Obvious

by Kunyong Yang | Sep 28, 2023 | Pharmaceutical, PTAB News

By Raffaella Faraoni and Kunyong Yang – On August 22, 2023, the Federal Circuit issued a nonprecedential decision holding that claims directed to deuterated analogs of ruxolitinib were unpatentable as obvious.  Sun Pharm. Indus., Inc. v. Incyte Corp., No....
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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.