Court Grants Rehearing In Light Of Wi-Fi One
By: Amanda Leckman and Carl Kukkonen – A Federal Circuit panel has granted Click-to-Call’s request for rehearing in light of the Federal Circuit’s en banc decision in Wi-Fi One that PTAB time-bar determinations under Section 315(b) are reviewable.
Disclaimer Before Institution May Not Avoid Adverse Judgment Estoppel
By: Kenneth Luchesi – A divided panel of the Federal Circuit affirmed the PTAB’s decision to enter an adverse judgment where the Patent Owner disclaimed all challenged claims prior to institution and affirmatively requested that the disclaimer not be construed as a request for adverse judgment.
PTAB Statistics for Calendar Year 2017
By: Joe Sauer – The PTAB has posted the AIA Trial Statistics through the end of calendar year 2017. Most notably, the PTAB statistics show a continued downward trend in institution rates, currently at 59%. Also noteworthy is the continued lack of PGR filings, with only 86 PGR filings (compared to 7311 IPRs and 533 CBMs).
IPR Proceedings: Extrinsic or Intrinsic Evidence for Claim Construction?
By: Joshua Nightingale and John Evans – Most district courts consider IPR proceedings to be intrinsic evidence, and this view finds support in Federal Circuit law as well as similar prior treatment of reexamination proceedings.
PTAB Denies Request to Submit Supplemental Information on Skill Level of POSITA
By: Geoffrey Gavin – The PTAB denied a request for authorization to file a motion to submit supplemental information, despite acknowledging that the request satisfied both requirements of 37 CFR § 42.123(a), explaining that supplemental information is note intended to provide a wait-and-see opportunity to bolster one’s position.