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Claim Construction Clash Leads to Invalidity Reprieve

Claim Construction Clash Leads to Invalidity Reprieve

by Matthew Johnson | Jun 3, 2022 | Claim Construction, District Court, PTAB News

By Anthony Bautista and Matt Johnson – In XR Communications, LLC v. D-Link Systems, Inc. Et. Al., a judge in the Central District of California found that certain asserted claims claiming to wireless communication technology were barred by the doctrine of...
Fintiv Discretionary Denials Remain In Play

Fintiv Discretionary Denials Remain In Play

by Matthew Johnson | Jun 2, 2022 | PTAB News, Trial Institution

By Hannah Mehrle and Matt Johnson – F5 Networks, Inc. (“Petitioner”) filed a Petition requesting an IPR.  WSOU Investments, LLC d/b/a/ Brazos Licensing and Development (“Patent Owner”) filed a Preliminary Response.  Here, the PTAB exercised its discretion under...
Third Post-Arthrex Grant of Director Review Issued

Third Post-Arthrex Grant of Director Review Issued

by Matthew Johnson | May 27, 2022 | Final Written Decisions, PTAB News

By Jareli Reynoso Gutierrez and Matt Johnson – On March 3, 2022, Andrew Hirshfeld, the Commissioner for Patents and acting Director of the USPTO, issued the third post-Arthrex grant of Director Review for two separate Final Written Decisions issued by the PTAB...
Healthy Overlap Between PTAB And Trial Court Favors Denial

Healthy Overlap Between PTAB And Trial Court Favors Denial

by Matthew Johnson | May 13, 2022 | PTAB News, PTAB Trial Basics

By Haytham Soliman and Matt Johnson – The PTAB recently denied institution of inter partes review (IPR) for claims 1 and 46 of U.S. 7,464,040 in eClinicalWorks, LLC et al. v. Decapolis Systems, LLC, IPR2022-0229, Paper 10 (PTAB April 13, 2022).  The denial was...
Reexam References Count In Section 325(d) Analysis

Reexam References Count In Section 325(d) Analysis

by Matthew Johnson | May 2, 2022 | 325(d) issues, Prior Art Issues, PTAB News

By Haytham Soliman and Matt Johnson – The Board denied post grant review in Palo Alto Networks, Inc. v. Centripetal Networks, Inc. under 35 U.S.C. § 325(d) after applying the Advanced Bionics[1] framework as informed by the factors outlined in Becton.[2] ...
Derivation Decision Offers Several Reminders for Petitioners

Derivation Decision Offers Several Reminders for Petitioners

by Sarah Geers | Apr 27, 2022 | PTAB News, Trial Institution

By Sarah Geers – The PTAB recently issued a rare decision instituting a derivation proceeding, in Global Health Solutions LLC v. Selner, DER2017-00031 (“GHC”).  The GHC institution decision provides several lessons for future petitioners looking to avoid...
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