by John Marlott | May 11, 2017 | Federal Circuit Appeal, Time Limits, Trial Institution
By John Marlott The en banc Federal Circuit is currently considering whether the PTAB’s findings regarding 35 U.S.C. § 315(b)’s one year bar on IPR petitions can be reviewed on appeal. In Wi-Fi One v. Broadcom Corp, the en banc Court is set to decide the following...
by Jones Day's PTAB Team | Apr 28, 2017 | Trial Institution
By Albert Liou In a series of related decisions issued in April 2017, the PTAB exercised its discretion under 35 U.S.C. § 314(a) and 37 C.F.R. § 42.108(a) to deny institution of inter partes review petitions filed by Xactware Solutions, Inc. against Eagle View...
by Matthew Johnson | Apr 15, 2017 | PTAB News, Trial Institution
By Matt Johnson PTAB trials are nearly always (~ 4 out of 5) driven by some concurrent litigation need, either a district court complaint of infringement filed against the petitioner or an International Trade Commission (ITC) investigation initiated by the patent...
by Cary Miller | Mar 8, 2017 | Pharmaceutical, Trial Institution
By Irina Britva, Ph.D and Jennifer Chheda, Ph.D. On February 8, 2017, the PTAB denied Fustibal LLC’s (“Fustibal”) petition to institute inter partes review of U.S. Patent 8,637,553 B2 (“the ’553 patent”) owned by Bayer HealthCare LLC (“Bayer”) (IPR2016-01490). The...
by Jones Day's PTAB Team | Feb 24, 2017 | Pharmaceutical, PTAB Trial Basics, Trial Institution
By Dominic J. Yee, Ph.D. and J. Patrick Elsevier, Ph.D. On February 3, 2017, the PTAB denied a petition by Amneal Pharmaceuticals LLC (“Amneal”) to institute an inter partes review of Hospira Inc.’s patent directed to pharmaceutical compositions of the sedative...
by David Cochran | Feb 20, 2017 | Estoppel, Trial Institution
By Rich Graham and Dave Cochran The Federal Circuit’s decision in Shaw[1] affirmed the PTAB’s policy that a Petitioner was not estopped from requesting inter partes review (“IPR”) based on prior art previously included in a petition for IPR, but for which institution...
