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PTAB Declines To Consider Substance Of RPI Complaint

PTAB Declines To Consider Substance Of RPI Complaint

by David Maiorana | Nov 16, 2022 | PTAB News, PTAB Trial Basics, Real Party in Interest, Uncategorized

By David Linden and Dave Maiorana – On May 27, 2022, Unified Patents, LLC (“Unified”) filed a Petition requesting inter partes review (“IPR”) of claims 1-3 and 5-25 of U.S. Patent No. 7,321,777 (“the ’777 Patent”), assigned to Speir Technologies Ltd. (“Speir”). ...
PTAB ‘Guiding Principles’ Favor Supplementary Declaration in ‘Close’ Case

PTAB ‘Guiding Principles’ Favor Supplementary Declaration in ‘Close’ Case

by Matthew Johnson | Nov 10, 2022 | PTAB News, PTAB Trial Basics, Trial Institution

By Emily Tait and Jack Graves* – A PTAB panel recently granted a Petitioner’s motion to submit a second expert declaration that directly addressed deficiencies identified by the PTAB’s Institution Decision. While a “close” case, the panel concluded that allowing the...
“Voluntary Interrogatory Responses” Excluded As Inadmissible Hearsay

“Voluntary Interrogatory Responses” Excluded As Inadmissible Hearsay

by Matthew Johnson | Aug 23, 2022 | Evidentiary Issues, PTAB News, PTAB Trial Basics

By Sue Gerber and Matt Johnson – While creativity has its place in advocacy, it can be taken too far.  The Petitioner learned this lesson the hard way in Unified Patents Inc. v. American Patents LLC, IPR2019-00482, Paper 132 (P.T.A.B. Aug. 3, 2022).  In this...
Healthy Overlap Between PTAB And Trial Court Favors Denial

Healthy Overlap Between PTAB And Trial Court Favors Denial

by Matthew Johnson | May 13, 2022 | PTAB News, PTAB Trial Basics

By Haytham Soliman and Matt Johnson – The PTAB recently denied institution of inter partes review (IPR) for claims 1 and 46 of U.S. 7,464,040 in eClinicalWorks, LLC et al. v. Decapolis Systems, LLC, IPR2022-0229, Paper 10 (PTAB April 13, 2022).  The denial was...
Petition Survives Word Count Complaint And Request for Withdrawal

Petition Survives Word Count Complaint And Request for Withdrawal

by Matthew Johnson | Apr 1, 2022 | PTAB Trial Basics, Trial Institution

By Akosua Kyereme-Tuah, Mike Lavine, and Matt Johnson – The PTAB recently denied a motion to dismiss a Revised Petition and terminate an inter partes review (IPR) proceeding despite Petitioner’s alleged withdrawal of the Original Petition and failure to comply...
Down to the Wire: POP Finds Petition Payment Timely

Down to the Wire: POP Finds Petition Payment Timely

by Albert Liou | Jan 27, 2022 | PTAB News, PTAB Trial Basics

By Albert Liou – On January 14, 2022, the PTAB issued a precedential opinion granting a request for rehearing of a denial of an IPR petition that had previously found a petition to be time-barred because the wire transfer had not been timely paid.  Toshiba...
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