More Real Party In Interest
Elekta, Inc. v. Varian Medical Systems, Inc., IPR2015-01401, Institution Decision, December 31, 2015. On New Year's Eve, the PTAB opted to permit petitioner Elekta to adjust the real parties in interest identified in its Petition without adjusting the filing date of...
Dynamic Drinkware Dooms Another Petitioner’s Prior Art
Summary -- Two Key Lessons: (1) The petitioner bears the initial burden of production to show that a challenged patent is not entitled to its earliest effective filing date. (2) Under Dynamic Drinkware, the petitioner must show that the claims of a published patent...
Federal Circuit On Combining References
Practice Tip: Significant attention should be paid to motivations to combine rationales in petition drafting especially at the PTAB Trial Phase versus the Appeal Phase. Belden Inc. v. Berk-Tek LLC, Appeal Nos. 2014-1575, -1576 (Fed. Cir. Nov. 5, 2015) - Appeal from...
Amending Patent Claims in Inter Partes Review Proceedings
The inter partes review (“IPR”) statute authorizes a patent owner (“PO”) to “file, after an IPR has been instituted, one motion to amend the patent to: (i) cancel any challenged patent claim,” and “(ii) for each challenged claim, propose a reasonable number of...
Defining the Covered Business Method Patent
In the America Invents Act ("AIA"), Congress granted the Patent Trial and Appeal Board ("PTAB," "the Board") heightened jurisdiction to hear challenges to patents related to performing data processing or other operations used in the practice, administration, or...