Intex v. Bestway: The PTAB Does Not Always Conduct A Claim-By-Claim Analysis At The Institution Stage, And Evidence From A Parallel Litigation May Increase The Likelihood That The PTAB Will Institute A Review Of All The Challenged Patent Claims
The PTAB’s recent institution decision in Intex v. Bestway (IPR2016-00180) is notable for two reasons: (1) it demonstrates that the PTAB does not always conduct a claim-by-claim analysis of every challenged claim in a petition before electing to institute a post-grant...
PTAB Bar Association is Open for Business
The PTAB Bar Association has launched and is now accepting new members. The PTAB Bar Association (www.ptabbar.org) is an organization dedicated to preserving and promoting the professional and ethical standards among those who appear before the Patent Trial and Appeal...
IPR Petitioner Estopped On Grounds That Could Have Been Raised Earlier
In IPR2016-00781, the PTAB denied institution on the grounds that the petitioner was estopped with respect to the claims of U.S. Patent No. 8,846,112 (“the ‘112 patent”). In an earlier proceeding brought by the petitioner, IPR2015-00529, the PTAB issued a Final...
ITC: No Issue Preclusion Where Asserted Patent Found Unpatentable in IPR
On August 23, 2016, the International Trade Commission ("ITC") issued the public version of its Final Opinion in Certain Three-Dimensional Cinema Systems and Components Thereof, Inv. No. 337-TA-939, clarifying the effect of Inter Partes Review (IPR) proceedings on...
Federal Circuit Rules Inter Partes Review Estoppel Does Not Apply to Invalidity Grounds Not Instituted on Basis of Redundancy by PTAB
On March 23, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., 817 F.3d 1293, holding that the PTAB’s decision not to institute IPR review on petitioned grounds on the...