by Albert Liou | Aug 1, 2023 | Prior Art Issues, PTAB News, Trial Institution
By Albert Liou – In a recent decision denying institution, the PTAB rejected Petitioner Mercedes Benz USA’s argument that the challenged patent was not entitled to the filing date of its provisional application. Mercedes-Benz USA, LLC v. Westport Fuel Systems...
by Emily Tait | Aug 1, 2023 | PTAB News, Trial Institution
By Emily Tait and Adriane Elinski* – In a recent decision, the PTAB granted institution of an IPR despite multiple parallel district court proceedings involving the same patent, and flatly rejected the Patent Owner’s argument that the Petitioner’s “conflicting”...
by John Evans, Ph.D. | Aug 1, 2023 | Design Patents, PTAB News
By John Evans, Vishal Khatri, and Jesse Wynn – In February, the Federal Circuit declined to modify or overrule its long-standing test for obviousness in design patents, the Rosen-Durling test, despite arguments that the Supreme Court overruled it in KSR v....
by Josh Nightingale | Jul 28, 2023 | PTAB News, Real Party in Interest
By Ashvi Patel, Adam J. Cook,* and Josh Nightingale – On May 16, 2023, Director Katherine Vidal vacated a portion of a final written decision regarding real parties in interest (“RPIs”) in Unified Patents, LLC v. Memory Web, LLC, IPR2021-01413. Director Vidal...
by Matthew Johnson | Jul 26, 2023 | Amendment Practice, PTAB News, PTAB Trial Basics
By Alex Li and Matt Johnson – Motions to amend (MTA) are becoming a more frequently used tool for patent owners litigating before the Patent Trial and Appeal Board (PTAB). When a patent is being challenged in an inter partes review (IPR) or post-grant reviews...
by David Maiorana | Jul 20, 2023 | PTAB News
By Alexa Grillis,* David Linden, and Dave Maiorana – On June 2, 2023,the PTAB held the standard enunciated in Astoria Federal Sav. & Loan Ass’n v. Solimino, 501 U.S. 104 (1991) applies to claim preclusion determinations. This was yet another decision in the...
