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Availability of Document on Government Website Insufficient for Institution

Availability of Document on Government Website Insufficient for Institution

by Lisa Furby | Apr 12, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution

By Lisa Furby – In denying inter partes review in OBM, Inc. & Cholla Energy LLC v. Lancium LLC, the PTAB again made clear that “technical availability” of a reference is not enough to establish it is a printed publication.  Here, the PTAB held that the...
Petition Denied for Lacking Section 112(f) Construction and Fintiv

Petition Denied for Lacking Section 112(f) Construction and Fintiv

by David Maiorana | Apr 11, 2024 | Claim Construction, PTAB News, PTAB Trial Basics, Trial Institution

By Luke Cipolla and Dave Maiorana – On March 7, 2024, the PTAB denied institution in 10x Genomics, Inc. v. President and Fellows of Harvard College, IPR2023-01299, Paper 15 (PTAB Mar. 7, 2024) (“Decision”). The PTAB denied institution on two separate grounds:...
Director Review: PTAB Must Articulate Bases for Section 325(d) Denial

Director Review: PTAB Must Articulate Bases for Section 325(d) Denial

by Josh Nightingale | Apr 5, 2024 | 325(d) issues, PTAB Trial Basics, Trial Institution

By Ashvi Patel and Josh Nightingale – Director Vidal recently vacated the Patent Trial and Appeal Board’s (PTAB) decision to deny institution of three petitions for inter partes review (IPR), citing insufficient explanation for denial under 35 U.S.C....
Claim Construction Dispositive In Patentability Determination

Claim Construction Dispositive In Patentability Determination

by Matthew Johnson | Mar 29, 2024 | Claim Construction, Final Written Decisions, PTAB News, PTAB Trial Basics

By Sue Gerber and Matt Johnson – It goes without saying that claim construction is an important issue, but the PTAB’s recent decision in Netflix, Inc. v. DIVX, LLC, IPR2020-00558, Paper 66 (PTAB Feb. 22, 2024), shows not only that reasonable minds can differ...
General Plastic Factors Lead to Institution Denial

General Plastic Factors Lead to Institution Denial

by Carl Kukkonen | Mar 8, 2024 | PTAB News, PTAB Trial Basics, Trial Institution

By Carl Kukkonen – The Patent Trial and Appeal Board (PTAB) in Videndum Production Solutions, Inc. v. Rotolight Limited (IPR2023-01219), recently denied a petition for inter partes review (IPR) of a patent on a lighting system and control for producing cinematic...
Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal

Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal

by David Maiorana | Mar 1, 2024 | Federal Circuit Appeal, Final Written Decisions, PTAB News, PTAB Trial Basics

By Luke Cipolla and Dave Maiorana – On February 20, 2024, the Supreme Court denied Liquidia Technologies’ petition for a writ of certiorari to review a precedential Federal Circuit decision, United Therapeutics Corp. v. Liquidia Techs., Inc., 74 F.4th 1360 (Fed....
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.