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Lack of Injury In Fact Scuttles Appeal

Lack of Injury In Fact Scuttles Appeal

by Matthew Johnson | Sep 25, 2024 | Federal Circuit Appeal, PTAB News, Standing

By Lexi Heon, Lisamarie LoGiudice, and Matt Johnson – The Federal Circuit dismissed Platinum Optics Technology Inc.’s (PTOT) appeal from an IPR decision, finding the challenged claims of Viavi’s U.S. Patent No. 9,354,369 not unpatentable, because PTOT failed to...
Secondary Considerations Arguments Precluded By Prior Nexus Testimony

Secondary Considerations Arguments Precluded By Prior Nexus Testimony

by Matthew Johnson | Sep 20, 2024 | Estoppel, Evidentiary Issues, Final Written Decisions, PTAB News

By Fabian Bramwell,* Daniel Sloan, Jen Bachorik, and Matt Johnson – On June 6, 2024, the PTAB issued a Final Written Decision concluding claims 1-6 of U.S. Patent No. 8,899,655 B1 (“the ’655 patent”) unpatentable.  Yita LLC v. MacNeil IP LLC, IPR2023-00172,...
Director Says Typo Was Read Incorrectly

Director Says Typo Was Read Incorrectly

by Matthew Johnson | Sep 5, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics, Request for Reconsideration

By Owen Carpenter and Matt Johnson –  – On July 30, 2024, Director Vidal ordered patent board judges to revisit a ruling on “an obvious typographical error.” See Hesai Technology Co. Ltd., Hesai Group, and Hesai Inc. v. Ouster, Inc., IPR2023-01485....
PTAB Claim Construction May Be Binding In Later Litigation

PTAB Claim Construction May Be Binding In Later Litigation

by Matthew Johnson | Sep 4, 2024 | Claim Construction, District Court, Estoppel, PTAB News, PTAB Trial Basics

By Sue Gerber and Matt Johnson – In 2016, the Federal Circuit expressed doubt that claim constructions from the PTAB could give rise to estoppel in later litigation because “the [PTAB] applies the broadest reasonable construction of the claims while the district...
Private Sale Not Necessarily Public Disclosure Under Section 102(b)(2)(B)

Private Sale Not Necessarily Public Disclosure Under Section 102(b)(2)(B)

by Matthew Johnson | Aug 30, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics

By Matt Carey and Matt Johnson – In Sanho Corp. v. Kaijet Technology International Limited, Inc, the Federal Circuit affirmed the PTAB’s decision finding obvious all challenged claims of the ‘429 patent, which relates to a device that provides ports...
Federal Circuit Clarifies Scope of Patent Owner Estoppel

Federal Circuit Clarifies Scope of Patent Owner Estoppel

by Matthew Johnson | Aug 28, 2024 | District Court, Estoppel, PTAB News

By Shane Padilla, Matt Chung, Sarah Geers, and Matt Johnson – The Federal Circuit recently issued a decision in SoftView LLC v. Apple Inc. clarifying the scope of patent owner estoppel set forth in 37 C.F.R. § 42.73(d)(3)(i). 2024 WL 3543902 (Fed. Cir. July 26,...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.