No Need to Show Reasonable Expectation of Success Regarding Inherent Property
By Raffaella Faraoni and Matt Johnson - The Federal Circuit affirmed six PTAB decisions that held unpatentable as obvious 79 claims of three Cytiva Bioprocess (“Cytiva”) challenged patents and reversed the PTAB decision upholding four claims. JSR Corp. (“JSR”) filed...
PTAB Denies Motion for Joinder After Unsuccessful District Court Invalidity Challenge
By David Linden and Dave Maiorana - On June 6, 2024, Shenzhen Waydoo Intelligence Technology Co., Ltd. (“Waydoo”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 9,359,044 (“the ’044 Patent”) (“IPR998”), assigned to MHL Custom, Inc. (“MHL”). ...
Similar Claims in Prior IPR Petition Leads to Denial
By Derek Walker, Evan Tassis, and Matt Johnson - The PTAB recently denied institution of inter partes review of a patent directed to deep packet inspection in software defined networks in Juniper Networks, Inc. v. Orckit Corporation, IPR2024-00895. Applying the...
When Is a Published Patent Application Prior Art in an IPR?
By Adam J. Cook and Michael Oblon - On appeal from an inter partes review (“IPR”), the Federal Circuit held that, under pre-America Invents Act (“pre-AIA”) law, a published patent application is prior art as of its filing date as opposed to its later date of...
Two Many IPRs: Different References Insufficient for Parallel IPRs
By Pranita Dhungana and Matt Johnson - The Patent Trial and Appeal Board (“PTAB”) recently denied institution in an inter partes review (“IPR”) where Petitioner later filed a parallel petition against the same claims of the same patent. Shenzhen Root Tech. Co., Ltd....