by Joseph Beauchamp | Oct 4, 2017 | Final Written Decisions, PTAB Trial Basics
By Albert Liou and Joe Beauchamp The PTAB’s recent final written decision denying a finding of unpatentability in ABS Global, Inc. v. Inguran, LLC, Case IPR2016-00927, Paper 33 (PTAB Oct. 2, 2017) highlights the importance of obtaining affidavit evidence to prove...
by David Maiorana | Sep 8, 2017 | PTAB Trial Basics
By Allie Terry and Dave Maiorana As we have previously discussed (on February 1, March 1, March 30, and May 19), reliance on secondary considerations of non-obviousness has been hit or miss for patent owners trying to convince PTAB panels that the secondary...
by David Maiorana | Aug 5, 2017 | PTAB Trial Basics
By Dave Maiorana In October 2016, we posted about a Federal Circuit decision addressing whether assignor estoppel bars a party from filing an inter partes review petition. In Athena Automation Ltd. v. Husky Injection Molding Systems Ltd., the court held that it...
by Matthew Johnson | Aug 3, 2017 | PTAB Trial Basics
By Marlee Hartenstein and Matt Johnson Under 35 U.S.C. § 315(b), a petition for inter partes review (IPR) may not be filed more than one year after the date on which the petitioner was served with a patent infringement complaint. Thus, a petition must meet all of the...
by Jones Day's PTAB Team | Jul 18, 2017 | PTAB Trial Basics
By John Evans Ph.D. and John Froemming In the wake of the high-profile dispute in Apple v. Samsung, design patent procurement and enforcement activity has increased significantly. But practitioners may not appreciate that design patent validity can be attacked using...
by Carl Kukkonen | Jul 11, 2017 | PTAB Trial Basics
By Jeff Giering, Ph.D. and Carl Kukkonen In an order entered June 30, 2017, the PTAB denied a motion by counsel for patent owner Purple Leaf, LLC (“Counsel”) to withdraw from representation in a trio of IPRs (IPR2016-01720, IPR2016-01721, and IPR2016-01722). Counsel...