ITC Refuses to Stay Investigation Pending Inter Partes Review
The International Trade Commission ("ITC") has never granted a stay of a Section 337 investigation in favor of an American Invents Act inter partes review ("IPR") at the U.S. Patent and Trademark Office ("USPTO"). That trend continued last week when Administrative Law...
Motion to Dismiss in District Court Case Held Premature While Appeal of PTAB Decision to Federal Circuit for Similar Technology is Pending
In Synchronoss Technologies, Inc. v. Hyperlync Technologies, Inc., 3-15-cv-02845 (NJD March 7, 2016, Order) (Cooper, J.), the U.S. District Court for the District of New Jersey denied, without prejudice, Hyperlync’s motion to dismiss on 35 USC § 101 grounds. The...
Federal Circuit Panel Finds PTAB Does Not Need to Revisit Redundant Grounds
In Harmonic, Inc. v. AVID Technology, Inc., a Federal Circuit panel affirmed the PTAB's decision in IPR2013-00252 and ratified certain aspects of the Board's handling of redundant grounds of unpatentability. In PTAB trials, such as IPRs, petitioners can present one...
PTAB Provides Guidelines on Swearing Behind References.
NHK Seating of Am., Inc. v. Lear Corp., IPR2014-01200, Final Written Decision, Paper 29 (P.T.A.B. Feb. 2, 2016) In IPR and CBM proceedings involving patents examined under pre-America Invents Act (AIA) rules, a patent owner may seek to disqualify a reference as prior...
Federal Circuit Panel Begrudgingly Upholds PTAB’s Claim Construction But Vacates Finding Of Obviousness On Other Grounds
PPC Broadband, Inc. v. Corning Optical Commc’ns RF, LLC. In PPC Broadband, Inc. v. Corning Optical Commc’ns RF, LLC, 2015-1361 (Fed. Cir. Feb. 22, 2016), PPC appealed the PTAB’s decisions in four consolidated IPRs finding that each challenged claim in three patents...