Explanations, Not Bare Citations, Needed To Establish Prior Art Date
By Ernie Oleksy,* Robby Breetz, and Matt Johnson - Although provisional applications can be used to secure an earlier date for 102(e), the petitioner bears the burden of production in establishing a prior art date for the asserted prior art. The Patent Trial and...
Board Denies Follow-On Petition
By Amanda Price* and Matt Johnson - In recent decision 3M Company v. Bay Materials, the Board denied 3M Company’s (“Petitioner”) second Petition for inter partes review (“Second Petition”) after exercising its discretion under § 314(a) and finding that each of seven...
PTAB Denial of Inter Partes Review under §325(d)
By Mike Lavine, Aska Fujimori-Smith,* Jetta Cook, and Matt Johnson - The Patent Trial and Appeal Board (“PTAB” or “Board”) recently denied inter partes review (IPR) of an electrocardiography monitor patent under 35 U.S.C. §325(d), finding that the same or...
Customer/Manufacturer Relationship Insufficient To Bar
By Alexandra Boeriu,* Hannah Mehrle and Matt Johnson - Recently, the PTAB held that Samsung Electronics Co. Ltd. (“Petitioner”), met its burden in showing that a third party (the “Third Party”) was neither a real party-in-interest (“RPI”) nor in privity with...
Study Shows the Decline of Multiple Petitions for AIA Proceedings
By Carl Kukkonen - In an effort to shed light on the practice of filing multiple petitions under the America Invents Act (AIA) at the Patent Trial and Appeal Board (PTAB), the United States Patent and Trademark Office (USPTO) recently released a detailed study. The...