by John Marlott | Feb 21, 2018 | PTAB Trial Basics
By: John Marlott The AIA expressly anticipates and permits a patent owner and a petitioner to reach a settlement during the pendency of a post-grant proceeding. For IPRs, 35 U.S.C. § 317(a) is entitled “Settlement” and provides, in pertinent part: An inter partes...
by John Evans, Ph.D. | Feb 6, 2018 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By: Jaime Choi, Tracy Stitt, and John Evans On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents...
by Geoffrey Gavin | Jan 26, 2018 | Evidentiary Issues, Motions Practice, PTAB Trial Basics
By Geoffrey Gavin In a recent decision, the PTAB denied a petitioner’s request for authorization to file a motion to submit supplemental information directed to the level of ordinary skill in the art. Ooma, Inc. v. Deep Green Wireless LLC, IPR2017-01541, Paper 14...
by Matthew Johnson | Jan 22, 2018 | PTAB News, PTAB Trial Basics
By Matt Johnson In September 2017, Saint Regis Mohawk Tribe moved to dismiss six instituted trials on petitions filed by Mylan Pharmaceuticals Inc. Those petitions challenged six patents that, at the time the petitions were filed, belonged to Allergan, Inc. The...
by Kenneth Luchesi | Dec 27, 2017 | PTAB Trial Basics
By Kenny Luchesi In 2016, the PTAB changed the limits for the length of certain filings in post grant proceedings, including petitions and responses, from limits based on the number of pages to limits based on the number of words. The USPTO stated that this change...
by Geoffrey Gavin | Nov 3, 2017 | PTAB Trial Basics
By Geoffrey Gavin In a series of recent decisions, the PTAB denied institution on a dozen petitions on related patents because of one problem it identified in the petitioner’s arguments. All of the petitioner’s proposed grounds challenged the patents under § 103, and...
