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...
by Matthew Johnson | Jun 30, 2017 | PTAB Trial Basics
By Josh Nightingale and Matt Johnson On June 12, 2017, the U.S. Supreme Court granted certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Group, LLC, to decide whether inter partes review (IPR) violates the Constitution by extinguishing patent rights...
by John Marlott | Jun 20, 2017 | Evidentiary Issues, PTAB Trial Basics
By Christian Damon and John Marlott By rule, a petitioner may request permission from the Board to submit supplemental information in an IPR proceeding if: (1) the request is filed within one month of the Board’s institution decision, and (2) the supplemental...