by David Maiorana | May 1, 2023 | 325(d) issues, PTAB News
By David Linden, Dave Maiorana, and Marc Blackman – Director Vidal recently vacated a decision denying institution of an inter partes review (“IPR”) to allow Google, the Petitioner, to brief whether discretionary denial was warranted under Section 325(d) in view...
by Lisa Furby | Apr 26, 2023 | Evidentiary Issues, PTAB News
By Jesse Wynn and Lisa Furby – Parties before the PTAB should be careful to submit supplemental materials as soon as practicable. In Extractiontek Sales v. Gene Pools Tech., the PTAB denied a Patent Owner’s motion to submit a deposition transcript from a...
by Joseph Beauchamp | Apr 18, 2023 | Final Written Decisions, PTAB News
By Alison Ibendahl and Joe Beauchamp – A panel of the Federal Circuit has again held that Commissioner Drew Hirshfeld had the requisite authority to act on requests for Director review of PTAB decisions during which the office of Director was vacant. Fall Line...
by Matthew Johnson | Apr 18, 2023 | Discovery, PTAB News
By Anthony Bautista and Matt Johnson – In Apple Inc. v. Masimo Corp., the PTAB granted Masimo, the owner of patent 10,687,745 (“the ’745 patent”), their request for production directed to “specific documents identified in regard to [a prior] ITC Investigation,...
by Sarah Geers | Apr 12, 2023 | PTAB News, PTAB Trial Basics
By Sarah Geers and Ashvi Patel – In its second-ever Final Written Decision in a derivation proceeding, the Patent Trial and Appeal Board (“PTAB”) determined that a patent application for a biocidal composition and method of producing said biocidal...
by Matthew Johnson | Mar 30, 2023 | Final Written Decisions, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – An IPR “shall be terminated with respect to any petitioner upon the joint request of the petitioner and patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed.” 35...
