by Carl Kukkonen | Jan 16, 2017 | Prior Art Issues, PTAB Trial Basics
By Kevin Clark and Carl Kukkonen The Patent Trial and Appeal Board (“Board”) recently reviewed the threshold necessary to institute a request for inter partes review (IPR) under 35 U.S.C. § 102. Munchkin, Inc. v. Int’l Refills Co., Ltd., IPR2016-01154 (December 12,...
by Jones Day's PTAB Team | Nov 14, 2016 | Federal Circuit Appeal, PTAB Trial Basics
By: Tom Ritchie The Federal Circuit vacated the Patent Trial and Appeal Board’s decision in IPR2013-508 after finding that its refusal to allow NuVasive, the patent owner, to respond to factual matters violated the Administrative Procedure Act (APA). In re: ...
by Jones Day's PTAB Team | Oct 20, 2016 | Federal Circuit Appeal, Petitions, PTAB Trial Basics
On July 25, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in In re: Magnum Tools Int’l, Ltd., No. 2015-1300 (Fed. Cir. Jul. 25, 2016) confirming that the burden of proving invalidity lies with the petitioner throughout the entire...
by Matthew Johnson | Oct 13, 2016 | Final Written Decisions, Petitions, PTAB News, PTAB Trial Basics, Trial Institution
By Matt Johnson (profile) The Patent Trial and Appeal Board has released AIA trial filing and disposition numbers for August 2016. Filings remained near the 150 mark, with 143 total trials being requested in August, 136 of those being requests for Inter Partes Review....
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....
