Petitioners Must Explain Combining Multiple Embodiments of Reference in Obviousness Argument
By Geoffrey Gavin In a series of recent decisions, the PTAB denied institution on a dozen petitions on related patents because of one problem it identified in the petitioner’s arguments. All of the petitioner’s proposed grounds challenged the patents under § 103, and...
PTAB Provides Glimpse Of What Is Good Cause To Extend Trial
By: Christian Platt and Richard Graham The PTAB may, where good cause exists, extend a trial up to six months beyond the required twelve month length pursuant to 35 U.S.C. §316(a)(11). On October 5, 2017, the PTAB issued its first “good cause” extension of a trial in...
PTAB Decision Provides Guidance On Using Art Previously Considered By The Office
By Rich Graham and Matt Johnson On October 24th, the PTAB designated three decisions related to discretionary petition denials under 35 U.S.C. § 325(d) as informative. Unified Patents, Inc. v. Berman is discussed below. We previously reported on Hospira, Inc. v....
PTAB Stays Reexamination in IXI Mobile (R&D) Ltd. v. Google LLC
By Allison Haugen and Dave Maiorana In August 2016, Google petitioned for Inter Partes Review of U.S. Patent No. 7,552,124 (owned by IXI Mobile), asserting that claims 1–10 are unpatentable. In March 2017, the PTAB instituted the IPR as to claims 1–5, but denied...
Jones Day Helps Launch Post-Grant Pro Bono Project
By Dave Cochran Jones Day has joined forces with the North Carolina Central University (NCCU) School of Law's IP Law Institute, as well as Fish & Richardson and the SAS Institute Inc., to launch the Post-Grant Clinic. The joint effort launched during a...