by Jones Day's PTAB Team | Jul 28, 2016 | Evidentiary Issues, PTAB Trial Basics
On July 25, 2016, the U.S. Court of Appeals for the Federal Circuit issued a decision in In re Magnum Oil Tools International, Ltd., reversing the U.S. Patent Trial and Appeal Board’s (“PTAB”) decision in an inter partes review and holding that the PTAB improperly...
by Jones Day's PTAB Team | Jun 21, 2016 | PTAB Trial Basics
The PTAB sometimes changes its claim constructions during the course of an inter partes review or a covered business method review. When it does so, according to the Federal Circuit’s recent holding in SAS Institute Inc. v. ComplementSoft, LLC, __ F. 3d __ (Fed. Cir....
by Jones Day's PTAB Team | May 24, 2016 | PTAB Trial Basics
On May 4, 2016 Magistrate Judge Dena Hanovice Palermo denied ION Geophysical Corp.’s motion for stay and recommended that the District Court deny ION’s request for relief under Rule 60(b)(6) after the Patent Trial and Appeal Board found certain of the claims...
by Jones Day's PTAB Team | May 16, 2016 | PTAB Trial Basics
On May 10th, the PTAB identified five trial decisions as precedential, bringing the total number of IPR/CBM precedential decisions to eight. The newly added decisions are well known decisions that active PTAB practitioners will recognize and have likely already been...
by Jones Day's PTAB Team | Apr 27, 2016 | PTAB Trial Basics
Typically briefing in a PTAB proceeding runs the following course: Petition; Patent Owner Preliminary; Response; Patent Owner Response; and Petitioner Reply. This is the pattern where no amendments are presented by the Patent Owner. When a motion to amend is...
by Jones Day's PTAB Team | Apr 6, 2016 | PTAB Trial Basics
On Friday, April 1, 2016, the Patent and Trademark Office issued the second amendment to the rules for trial practice before the Patent Trial and Appeal Board. 81 Fed. Reg. 18750 (Apr. 1, 2016). The amendments to the PTAB’s rules of practice give patent owners more...