by John Evans, Ph.D. | Feb 6, 2023 | Design Patents, PTAB News
By John Evans and Jesse Wynn – A recent post flagged LKQ v. GM as a potential watershed moment in design patent validity law, calling into question whether In re Rosen, long-standing obviousness precedent, comports with the Supreme Court’s decision in KSR. Rosen...
by David Maiorana | Feb 6, 2023 | Joinder, PTAB News, PTAB Trial Basics, Trial Institution
By David Linden and Dave Maiorana – On September 1, 2022, CommScope, Inc. (“CommScope”) filed a Petition for inter partes review (“IPR”) of claims 8–10, 15, 24–26, and 31 of U.S. Patent No. 8,462,835 (“the ’835 Patent”) in IPR2022-01443 (“the ’443 IPR”). The...
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...
by Matthew Johnson | Feb 2, 2023 | Estoppel, PTAB News
By Misti Blount and Matt Johnson – Director Vidal’s sua sponte Director Review decision of Apple Inc. v. Zipit Wireless, Inc. (IPR2021-01124, -01125, -01126, -01129) was recently designated as precedential. The decision dealt an immediate setback for Apple and...
by Matthew Johnson | Jan 26, 2023 | Evidentiary Issues, PTAB News
By Ryan Mueller, Sachin Patel, and Matt Johnson – The PTAB recently granted Frameless Hardware Company LLC’s (“FHC”) motion to submit supplemental information to its expert’s original declaration in support of institution. FHC had filed two petitions against...
by Matthew Johnson | Jan 13, 2023 | Discovery, Evidentiary Issues, PTAB News
By Ashvi Patel, Marlee Hartenstein, and Matt Johnson – On November 18, 2022, a panel of three PTAB administrative patent judges denied a Patent Owner’s Request for Additional Discovery in Twitter, Inc. v. Palo Alto Research Center Inc., IPR2021-01398. The PTAB...
