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PTAB Denies IPR Institutions Without Patent Owner Rebuttal Evidence

PTAB Denies IPR Institutions Without Patent Owner Rebuttal Evidence

by Joe Sauer | Nov 15, 2021 | Evidentiary Issues, Final Written Decisions, Trial Institution

By Stephanie Mishaga, Joseph Sauer, and Evan McLean – It is no secret that the Patent Trial and Appeal Board (PTAB) often leverages its discretionary denial powers to deny inter parties review (IPR) petitions.  The PTAB has discretionarily denied IPR petitions,...
June Boardside Chat: New Developments in AIA Trials

June Boardside Chat: New Developments in AIA Trials

by Matthew Johnson | Jun 12, 2020 | Evidentiary Issues, Preliminary Responses, PTAB News

By Alex Li and Matt Johnson – On June 11, 2020, the Patent Trial and Appeal Board (PTAB) held a Boardside Chat webinar to discuss new developments in AIA trials.  The discussion featured panelists Vice Chief Judge Michael Tierney and Lead Judge William Saindon....
PTO Proposes PTAB POPR Presumption Principle Permutation

PTO Proposes PTAB POPR Presumption Principle Permutation

by Matthew Johnson | Jun 2, 2020 | Evidentiary Issues, PTAB News, PTAB Trial Basics, Trial Institution

By Christian Roberts* and Matt Johnson – On May 27, 2020, the USPTO announced a notice of proposed rulemaking that would affect IPR, PGR and CBM proceedings.  Most significantly, the proposed rules would eliminate the presumption in favor of petitioners for...
Federal Circuit Holds That Statements Made In IPRs Can Lead To Prosecution Disclaimer

Federal Circuit Holds That Statements Made In IPRs Can Lead To Prosecution Disclaimer

by Jones Day's PTAB Team | May 12, 2017 | Preliminary Responses, PTAB Trial Basics

In Aylus Networks, Inc. v. Apple, Inc., No. 16-1599 (Fed. Cir. May 11, 2017) (“Federal Circuit Op.”), the Federal Circuit affirmed the district court’s decision that Apple did not infringe Aylus’s patents.  See Aylus Networks, Inc. v. Apple Inc., No. 13-cv-04700-EMC,...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.