by John Marlott | Jan 2, 2025 | District Court, PTAB News
By Connor Scholes, Daniel Sloan, and John Marlott – Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiff’s Motion to be Confirmed...
by Matthew Johnson | Dec 23, 2024 | Evidentiary Issues, PTAB News, PTAB Trial Basics
By Adam Cook and Matt Johnson – In a 2-1 decision, the Patent Trial and Appeal Board (“PTAB”) denied a patent owner’s motion to file two new declarations in connection with its sur-reply, holding that the patent owner failed to prove the extraordinary...
by Matthew Johnson | Dec 19, 2024 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By Nicholas D’Andrea and Matt Johnson – The PTAB denied institution of inter partes review (IPR) for a patent directed to geothermal technology. Fervo Energy Co. v. Ormat Techs. Inc., IPR2014-00665, Paper 18 (PTAB Sept. 18, 2024). The claimed invention...
by Matthew Johnson | Dec 18, 2024 | District Court, Estoppel, PTAB News, PTAB Trial Basics
By Levent Herguner, Derek Walker, and Matt Johnson – The Promoting and Respecting Economically Vital American Innovation Leadership (“PREVAIL”) Act has moved to the Senate for a full vote after passing the Senate Judiciary Committee vote 11-10 on November 21,...
by Matthew Johnson | Dec 13, 2024 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By Adam Cook and Matt Johnson – The Patent Trial and Appeal Board (“PTAB”) denied institution in an inter partes review (“IPR”), finding that an online store’s assertion regarding when a product was “first available” is by itself insufficient evidence of...
by Matthew Johnson | Dec 11, 2024 | Expert Witnesses, PTAB News, PTAB Trial Basics
By James Twieg and Matt Johnson – “Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.” 37 C.F.R. § 42.65(a). With that principle in mind, the PTAB recently denied institution of...
