Court Allows Accused Infringer’s Have-Cake, Eat-Cake Patent Invalidity Strategy
By John Marlott - While acknowledging an “apparent loophole” in the America Invents Act, a district court has permitted an accused-infringer-DJ-plaintiff to pursue counterclaims for patent invalidity—with no bar on later seeking an IPR at the PTAB. Epic Games, Inc. v....
PRECEDENTIAL: IPRs and Examination have Different Standards for Establishing a Printed Publication
By Carl Kukkonen - As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art. Here is an in depth review of the...
Informative: How To Sufficiently Show that a Thesis is Publicly Accessible
By Kelsey Nix and Pablo Hendler - As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art. Here is an in depth review...
Precedential: Declining To Use Discretion Under § 325(d) And § 314(a)
By Robby Breetz and Matt Johnson - As we noted here, the PTAB recently designated two 35 U.S.C. § 325(d) cases precedential and one informative. Here is an in depth review of the informative decision. On March 24, 2020,the PTAB designated two sections of the Oticon...
PTAB Designates Printed Publication Cases
The PTAB recently designated a number of cases regarding procedures for determining whether a prior art reference is a "printed publication." One opinion regarding the difference in burdens of proving "printed publication" status between examination and IPRs was...