Handling Improper Coaching of Witnesses During PTAB Deposition Proceedings
By Joe Beauchamp Many attorneys have encountered an opposing party’s witness that provides very concise, supportive responses to the questions of the witness’s own attorney after a recess in a deposition. Often, these helpful responses occur during re-direct of the...
PTAB Denies Discovery on Chipsets Purportedly Related to Proper Interpretation of Reference
By Geoffrey Gavin In Semiconductor Components Industries, LLC v. Power Integrations, IPR2016-00809, Paper 65 (PTAB Aug. 4, 2017), the PTAB denied the patent owner’s request for authorization to serve requests for production seeking documents and things related to...
District Court Finds Estoppel for Non-Petitioned Grounds but not for Dicta
By Doug Pearson, Ph.D. Since the Federal Circuit’s decision in Shaw Indus. Grp., Inc. Automated Creel Sys., Inc., 817 F.3d 1293 (Fed. Cir. 2016), district courts have been finding no estoppel in court proceedings for invalidity positions that were presented, but not...
Genentech to Defend 3 of 4 Herceptin® Patents Challenged by Hospira
By Raffaella Faraoni, Ph.D. and Cary Miller, Ph.D. At least 19 IPRs have been filed against seven of Genentech’s patents covering its blockbuster antibody drug Herceptin® (trastuzumab). On July 27, 2017, the PTAB instituted IPRs filed by Hospira, Inc. (a subsidiary of...
PTAB Designates Portion Of Assignor Estoppel Opinion As Precedential
By Dave Maiorana In October 2016, we posted about a Federal Circuit decision addressing whether assignor estoppel bars a party from filing an inter partes review petition. In Athena Automation Ltd. v. Husky Injection Molding Systems Ltd., the court held that it...