Unsupported Expert Opinion Insufficient To Contradict The Prior Art
By: Tom Ritchie and Matt Johnson – The Federal Circuit considered a PTAB determination that unsupported expert testimony was entitled to sufficient weight to contradict a prior art reference.
Use Caution When Considering Multiple IPRs Against a Single Patent
By: Jason Garr and Dave Cochran – A recent PTAB decision provides a tale of caution to practitioners considering multiple inter partes review petitions against a single patent.
Chief Judge Guidance: SAS Impact, Motions to Amend, and Claim Construction
By: Jeffrey C. Wu, Ph.D. and S. Christian Platt – The PTAB Chief Judge Provides Guidance on the Impact of SAS, Motion to Amend Practice, and Claim Construction in Trial Proceedings.
Indefiniteness Standard Applicable in PGRs: Reasonably Certain or Clear?
By: Marc Blackman – In a recent decision, the Federal Circuit considered which indefiniteness standard is applicable to PGRs in response to argument that the Packard standard is the incorrect standard for issued patents
File It: Motion for Remand in View of SAS Institute
By: Dan Kazhdan and Matt Johnson – On May 25, the Federal Circuit provided some clarity on pending appeals of partial final written decisions in view of a motion for remand in view of SAS Institute.