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Error! PTAB Denies Motion for Supplemental Information to Correct Inadvertent Omission

Error! PTAB Denies Motion for Supplemental Information to Correct Inadvertent Omission

by Albert Liou | Dec 5, 2023 | Motions Practice, PTAB News, PTAB Trial Basics

By Albert Liou and Daniella Paredes – In Nanobebe US Inc. v. Mayborn (UK) Limited et al., the PTAB denied a Petitioner’s Motion to submit supplemental information, even though Petitioner argued the information had been inadvertently omitted in the original...
Narrow Stipulation Results in Fintiv Denial

Narrow Stipulation Results in Fintiv Denial

by David Maiorana | Nov 21, 2023 | PTAB News, PTAB Trial Basics, Trial Institution

By David Linden and Dave Maiorana – On March 31, 2023, Zhuhai CosMX Battery Co., Ltd. (“Zhuhai”) filed a petition for inter partes review (“IPR”) of claims of U.S. Patent No. 11,329,352 (“the ’352 Patent”), assigned to Ningde Amperex Technology Ltd....
RULEMAKING: PTO Aims for Transparency, Judicial Independence at PTAB

RULEMAKING: PTO Aims for Transparency, Judicial Independence at PTAB

by Matthew Johnson | Nov 17, 2023 | Final Written Decisions, PTAB News, PTAB Trial Basics, Trial Institution

By Christian Roberts and Matthew Johnson – On October 6, 2023, the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) making changes to the Patent Trial and Appeal Board’s (“PTAB”) internal circulation and review...
Failure to Make Full Sotera-Stipulation Contributes to Denial

Failure to Make Full Sotera-Stipulation Contributes to Denial

by Matthew Johnson | Nov 10, 2023 | PTAB News, PTAB Trial Basics, Trial Institution

By Evan Tassis and Matt Johnson – In an increasingly rare exercise of discretion, the PTAB denied institution of inter partes review under Fintiv in Zhuhai Cosmx Battery Co., Ltd. v. Ningde Amperex Technology Limited, IPR2023-00587.  The PTAB reasoned that the...
Deadline IPR Service Fails to Bar Institution

Deadline IPR Service Fails to Bar Institution

by Matthew Johnson | Nov 3, 2023 | PTAB News, PTAB Trial Basics, Time Limits

By Tova Werblowsky* and Matt Johnson – The PTAB recently granted institution of inter partes review despite the Patent Owner not receiving the petition for the proceeding until three business days after the statutory deadline. See Kahoot! ASA and Kahoot Edu,...
District Court Awards Sanctions for False RPI Identification

District Court Awards Sanctions for False RPI Identification

by Matthew Johnson | Oct 27, 2023 | PTAB News, PTAB Trial Basics, Real Party in Interest

By Sue Gerber and Matt Johnson – The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest.  While that might seem like a mere formality, a false disclosure can lead to very harsh consequences.  In a recent...
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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.