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Imprecise Claim Charts and Improper Incorporation By Reference Result in Institution Denial

Imprecise Claim Charts and Improper Incorporation By Reference Result in Institution Denial

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...
Director Vacates Decision Based on Improper Claim Construction

Director Vacates Decision Based on Improper Claim Construction

by Matthew Johnson | Oct 3, 2024 | Claim Construction, PTAB News, Trial Institution

By Hannah Mehrle and Matt Johnson – The PTAB denied institution of inter partes review reasoning that Petitioner did not demonstrate a reasonable likelihood that Petitioner would prevail in establishing the unpatentability of any of the challenged claims.  The...
Institution Denied for Failure to Show Disclosure in Provisional Application

Institution Denied for Failure to Show Disclosure in Provisional Application

by David Maiorana | Sep 13, 2024 | Prior Art Issues, PTAB Trial Basics, Real Party in Interest, Trial Institution

By David Linden and Dave Maiorana – On December 1, 2023, Intelligent Wellhead Systems, Inc. (“Intelligent”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 11,401,779 (“the ’779 Patent”) (“IPR256”), assigned to Downing Wellhead Equipment, LLC...
Director Provides Reminders For Obviousness Analysis

Director Provides Reminders For Obviousness Analysis

by Sarah Geers | Aug 1, 2024 | PTAB News, Trial Institution

By Scott Findley* and Sarah Geers – On July 9, 2024, Director Vidal reversed and remanded a denial of institution of inter partes review (IPR) relating to three Spin Master patents.  See Prime Time Toys LLC v. Spin Master, Inc., IPR Nos. 2023-01339, 2023-01348,...
PTAB Nixes IPR Revival

PTAB Nixes IPR Revival

by Matthew Johnson | Jul 10, 2024 | Joinder, PTAB News, PTAB Trial Basics, Time Limits, Trial Institution

By Ariana Tsanas*, Matt Johnson, and Daniel Sloan – On May 6th, 2024, the PTAB declined Ubiquiti Inc.’s (“Petitioner’s”) request to institute inter partes review.  Ubiquiti Inc. v. XR Communications LLC D/B/A Vivato Tech., IPR2024-00148, Paper 12 (May 6, 2024). ...
PTAB Statistics Through Seven Months of FY2024

PTAB Statistics Through Seven Months of FY2024

by Tom Ritchie | Jul 2, 2024 | PTAB News, Trial Institution

By Tom Ritchie – The institution rate for post-grant petitions in FY 2024 through the end of April 2024 (the period from Oct. 1, 2023 through April 30, 2024) stands at 66% (427 instituted, 230 denied).  This rate remains flat compared to the previous two fiscal...
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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.