Section 316(a)(11) Time Limits Do Not Apply Beyond First FWD
By Haytham Soliman and Matt Johnson - In Laboratoire Francais du Fractionnement et des Biotechnologies S.A. v. Novo Nordisk Healthcare AG, the Patent Trial and Appeal Board (PTAB) denied the Petitioner’s motion to terminate the inter partes review (IPR) and to vacate...
Healthy Overlap Between PTAB And Trial Court Favors Denial
By Haytham Soliman and Matt Johnson - The PTAB recently denied institution of inter partes review (IPR) for claims 1 and 46 of U.S. 7,464,040 in eClinicalWorks, LLC et al. v. Decapolis Systems, LLC, IPR2022-0229, Paper 10 (PTAB April 13, 2022). The denial was based...
Confidential Manual Deemed Not A Printed Publication
By Alison Ibendahl and Joe Beauchamp - In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior art did not qualify as “printed publications” under 35 U.S.C. § 311(b). ...
Christmas Vacate-tion—Petitioners Allowed to Raise Fair Extensions of Petition Arguments
By David Linden and Dave Maiorana - Willis Electric Co., Ltd. (“Willis Electric”) owns U.S. Patent No. 10,222,037 (the “’037 Patent”), titled “Decorative lighting with reinforced wiring.” The ’037 Patent claims a decorative lighting design involving a strand of...
Reexam References Count In Section 325(d) Analysis
By Haytham Soliman and Matt Johnson - The Board denied post grant review in Palo Alto Networks, Inc. v. Centripetal Networks, Inc. under 35 U.S.C. § 325(d) after applying the Advanced Bionics[1] framework as informed by the factors outlined in Becton.[2] ...