Panel Grants Rehearing and Reverses Itself On Patentability
By Ryan Mueller and Lisa Furby - On January 10, 2023, a PTAB panel granted a Petitioner’s Request for Rehearing of Final Written Decision and, contemporaneously, issued a revised Final Written Decision in Unified Patents, LLC, v. 2BCom, LLC, IPR2020-00996, finding...
Federal Circuit Tables Scrutiny of Rosen under KSR
By John Evans and Jesse Wynn - A recent post flagged LKQ v. GM as a potential watershed moment in design patent validity law, calling into question whether In re Rosen, long-standing obviousness precedent, comports with the Supreme Court’s decision in KSR. Rosen...
PTAB Denies Joinder To Settled IPR
By David Linden and Dave Maiorana - On September 1, 2022, CommScope, Inc. (“CommScope”) filed a Petition for inter partes review (“IPR”) of claims 8–10, 15, 24–26, and 31 of U.S. Patent No. 8,462,835 (“the ’835 Patent”) in IPR2022-01443 (“the ’443 IPR”). The ’835...
Proof of Prior Art Requires Sufficient Corroboration By Credible Evidence
By Sue Gerber and Matt Johnson - Proof of prior art is an issue that often arises in inter partes and post grant review proceedings before the PTAB. In a recent decision, the Federal Circuit explained the quantum of proof that is required to establish prior art,...
Director Vacates PTAB Adverse Judgments in Precedential Director Review
By Misti Blount and Matt Johnson - Director Vidal’s sua sponte Director Review decision of Apple Inc. v. Zipit Wireless, Inc. (IPR2021-01124, -01125, -01126, -01129) was recently designated as precedential. The decision dealt an immediate setback for Apple and will...