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PTAB Declines To Consider Substance Of RPI Complaint

PTAB Declines To Consider Substance Of RPI Complaint

by David Maiorana | Nov 16, 2022 | PTAB News, PTAB Trial Basics, Real Party in Interest, Uncategorized

By David Linden and Dave Maiorana – On May 27, 2022, Unified Patents, LLC (“Unified”) filed a Petition requesting inter partes review (“IPR”) of claims 1-3 and 5-25 of U.S. Patent No. 7,321,777 (“the ’777 Patent”), assigned to Speir Technologies Ltd. (“Speir”). ...
Institution Mandamus Review Limited to Colorable Constitution Claims

Institution Mandamus Review Limited to Colorable Constitution Claims

by David Maiorana | Mar 25, 2021 | Federal Circuit Appeal, Trial Institution, Uncategorized

By Robby Breetz and Dave Maiorana – In Mylan Labs Ltd. v. Janssen Pharmaceutica N.V., the Federal Circuit reaffirmed it lacked jurisdiction over appeals from the PTAB denying IPR institution, noted that it had jurisdiction over requests for mandamus, but that...
No Rehearing Response During POP Request Pendency

No Rehearing Response During POP Request Pendency

by Matthew Johnson | Feb 19, 2021 | Uncategorized

By Laura Kanouse* and Matt Johnson – In Sand Revolution II, LLC v. Continental Intermodal Group-Trucking LLC, IPR2019-1393, Paper 19, (PTAB April, 7 2020), the Board denied briefing based on a lack of jurisdiction while the Precedential Opinion Panel request was...
Clarified: Standing Requirements and Burden Shifting Framework in IPR Proceedings

Clarified: Standing Requirements and Burden Shifting Framework in IPR Proceedings

by David Maiorana | Sep 21, 2018 | Federal Circuit Appeal, Prior Art Issues, Uncategorized

By: Kaitlin Crowder and Dave Maiorana Any person or entity may file an IPR proceeding to invalidate a patent, regardless of whether it faces a specific threat of infringement.  An adverse decision in an IPR proceeding is appealable only to the Federal Circuit. ...
PTAB Publishes Updated AIA Trial Practice Guide

PTAB Publishes Updated AIA Trial Practice Guide

by Matthew Johnson | Aug 10, 2018 | PTAB News, Uncategorized

By: Rich Graham and Matt Johnson The USPTO’s Patent Trial and Appeal Board (PTAB) has published an update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the Board. The USPTO published the original TPG in August...
Anticipation by Combining Elements from the Four Corners of a Reference

Anticipation by Combining Elements from the Four Corners of a Reference

by Albert Liou | Apr 2, 2018 | Prior Art Issues, Uncategorized

By: Albert Liou four corners In a January 12 article, Anticipation Requires More Than A Reference That Discloses All The Elements, we discussed the Microsoft Corp v. Biscotti, Inc. case, where the Federal Circuit affirmed a decision of the PTAB finding that combining...

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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.