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...
Motions to Extend Pendency of IPRs Based on Pending Cuozzo Supreme Court Case
B/E Aerospace, Inc. v. MAG Aerospace Indus., LLC, IPR2014-01510, -01511, -01513, Decision Denying Patent Owner’s Motion to Extend One Year Period for Issuance of Final Determination Pursuant to 35 U.S.C. § 316(a)(11), Paper 105 (P.T.A.B. Feb. 26, 2016) On January 15,...
New Video: Part 1 – PTAB Basics
A new video featuring Joe Sauer from the Jones Day PTAB litigation practice is on our PTAB Litigation blog site. The video covers the basics of PTAB litigation practice, including the different types of PTAB proceedings and their different standards. The video and...