Federal Circuit Affirms Trade Conference Catalog Qualifies As Prior Art
By Phil Shelton and Carl Kukkonen On September 13, 2018, the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the USPTO Patent Trial and Appeal Board (PTAB) that the claims in U.S. Patent 8,714,977 (the ‘977 patent) are unpatentable as being...
Statutory Disclaimer Fails to Support Stay
By Matt Johnson District courts have discretionary authority to grant a motion to stay. Courts consider three factors in deciding how to exercise that discretion, the first being whether a stay will simplify the issues for trial. In Universal Secure Registry, LLC v....
Clarified: Standing Requirements and Burden Shifting Framework in IPR Proceedings
By: Kaitlin Crowder and Dave Maiorana – The Federal Circuit considered and clarified two standards on appeal from a PTAB ruling: (1) who has standing to appeal from a PTAB decision in AIA trials, and (2) whether the district court burden shifting approach to overlapping ranges applies in AIA trials.
PTAB/TTAB Hearings May Be Coming To A Law School Near You
By: Amanda Leckman and S. Christian Platt – The USPTO has worked to make PTAB hearings more accessible to the public. To this end, the PTAB has recently begun partnering with law schools to provide live PTAB and TTAB hearings at select law schools, where Board judges also share tips for successful advocacy before the PTAB and the TTAB.
When Is A Timely IPR Petition Not Timely Enough?
By: Marc Blackman – The PTAB considered a patent owner’s argument made in a POPR that a timely filed petition for IPR, i.e. a petition filed before the one year statutory bar following service of a complaint for patent infringement, is not actually timely where the related litigation is in an advanced stage.