by Matthew Johnson | Dec 13, 2024 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By Adam Cook and Matt Johnson – The Patent Trial and Appeal Board (“PTAB”) denied institution in an inter partes review (“IPR”), finding that an online store’s assertion regarding when a product was “first available” is by itself insufficient evidence of...
by Matthew Johnson | Dec 11, 2024 | Expert Witnesses, PTAB News, PTAB Trial Basics
By James Twieg and Matt Johnson – “Expert testimony that does not disclose the underlying facts or data on which the opinion is based is entitled to little or no weight.” 37 C.F.R. § 42.65(a). With that principle in mind, the PTAB recently denied institution of...
by Matthew Johnson | Dec 6, 2024 | PTAB News, PTAB Trial Basics
By: Daniel Sloan, Kevin McCarthy, and Matt Johnson – The PTAB recently denied Bestway (USA), Inc.’s (“Petitioner”) request for PGR of U.S. Pat. No. 11,959,512 B2 (“the ’512 patent”) but declined to enter adverse judgment against Intex Marketing, Ltd. (“Patent...
by S. Christian Platt | Dec 2, 2024 | Amendment Practice, PTAB News, PTAB Trial Basics
By Adam J. Cook, Kristen VandeVoort,* Daniel Sloan, and Christian Platt – On October 18, 2024, the USPTO’s final rule regarding Motion to Amend (“MTA”) practice and procedures in trial proceedings under the America Invents Act became effective. The rule makes...
by Matthew Johnson | Nov 18, 2024 | Discovery, Evidentiary Issues, Prior Art Issues, PTAB Trial Basics
By Sue Gerber and Matt Johnson – “The statutory provisions for inter partes reviews, post-grant reviews, and covered-business method patent reviews caution against overly broad discovery and provide the same considerations, including efficient administration of...
by David Maiorana | Nov 4, 2024 | PTAB News, PTAB Trial Basics, Trial Institution
By David Linden and Dave Maiorana – On March 23, 2024, Nearmap US, Inc. (“Nearmap”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 10,671,648 (“the ’648 Patent”) (“IPR716”), assigned to Eagle View Technologies, Inc. (“Eagle View”). The ’648...
