PTAB Identifies Five New Decisions as Precedential
On May 10th, the PTAB identified five trial decisions as precedential, bringing the total number of IPR/CBM precedential decisions to eight. The newly added decisions are well known decisions that active PTAB practitioners will recognize and have likely already been...
Motion To Amend: Shinn Fu Company of America, Inc., et al. vs. The Tire Hanger Corporation (IPR2015-00208)
On April 22, 2016, the PTAB granted a motion to amend for only the sixth time since institution of the AIA in its decision of Shinn Fu Company of America, Inc., et al. vs. The Time Hanger Corporation (IPR2015-00208, Paper 24). The patent at issue relates to “a method...
Getting the Last Word in the Argument – Sur-replies at the PTAB: LG Electronics v. ATI Technologies.
Typically briefing in a PTAB proceeding runs the following course: Petition; Patent Owner Preliminary; Response; Patent Owner Response; and Petitioner Reply. This is the pattern where no amendments are presented by the Patent Owner. When a motion to amend is...
PTAB Amendments Provide More Choices For Patent Owners And Alter Certain Filing Requirements
On Friday, April 1, 2016, the Patent and Trademark Office issued the second amendment to the rules for trial practice before the Patent Trial and Appeal Board. 81 Fed. Reg. 18750 (Apr. 1, 2016). The amendments to the PTAB’s rules of practice give patent owners more...
IPR Panel Denies Motion to Amend Based on 35 U.S.C. § 101
Amazon.com, Inc. v. Personalized Media Communications, LLC, IPR2014-01530, Final Written Decision, Paper 55 (P.T.A.B. Mar. 24, 2016). In IPR2014-01530, Amazon.com and Amazon Web Services, LLC (“Petitioner”) filed a Petition to institute an inter partes review of claim...