by David Cochran | Aug 31, 2018 | Federal Circuit, PTAB Trial Basics
By: David Anderson and Dave Cochran On August 27, 2018, the Federal Circuit vacated and remanded the PTAB’s finding that claims 1-3, 6-9, and 12-14 of U.S. Patent No. 5,602,831 (“the ’831 Patent”) are not unpatentable under 35 U.S.C. § 103. See Ericsson Inc. v....
by Emily Tait | Aug 24, 2018 | PTAB Trial Basics, Time Limits
By: Emily Tait A recent decision by the Patent Trial and Appeal Board (“PTAB”) denying a petition for inter partes review serves as a stark reminder of the oft-repeated truism, “don’t wait until the last minute.” See VIZIO, Inc. v. ATI Techs. ULC, Case IPR2018-00560...
by S. Christian Platt | Aug 2, 2018 | PTAB News, PTAB Trial Basics
By: S. Christian Platt and Michael Lavine On July 26, 2018, the Silicon Valley Regional Office of the United States Patent and Trademark Office (“USPTO”) hosted a Judicial Conference by the Patent Trial and Appeal Board (“PTAB”). During the conference, a panel of...
by David Cochran | Jun 11, 2018 | Petitions, PTAB Trial Basics
By: Jason Garr and Dave Cochran The recent PTAB order in IPR2017-01427 is a cautionary tale for petitioners considering multiple IPRs against a single patent. On May 11, 2017, Facebook and WhatsApp filed the ’1427 IPR petition challenging claims 1-8 of U.S. Patent...
by Marc S. Blackman | Jun 7, 2018 | Claim Construction, Federal Circuit, PTAB Trial Basics
By: Marc S. Blackman Whether a claim is indefinite under 35 U.S.C. § 112 is analyzed under different standards by District Courts and the PTAB. District Courts apply the standard articulated by the Supreme Court in Nautilus requiring a patent’s claims, viewed in...
by Jones Day's PTAB Team | Jun 1, 2018 | PTAB News, PTAB Trial Basics
By: Rich Graham and Matt Johnson On June 1, 2018, the PTAB announced new guidance on motions to amend in AIA trials. In view of the decision from the United States Court of Appeals for the Federal Circuit in Aqua Products, Inc. v. Matal, 872 F.3d 1290 (Fed. Cir....
