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Patent Owner Unable To Dodge PGR Due To Inadequate Written Description

Patent Owner Unable To Dodge PGR Due To Inadequate Written Description

by David Maiorana | Sep 15, 2022 | PGR, PTAB News

By David Linden and Dave Maiorana – U.S. Patent No. 9,157,017 (“the ’017 Patent”) is assigned to Honeywell International Inc. (“Honeywell”) and is titled, “Compositions Containing Fluorine Substituted Olefins and Methods and Systems Using Same.”  The detailed...
Didn’t Cut the Mustard: PTAB Finds Claims Lacked Written Description and Enablement

Didn’t Cut the Mustard: PTAB Finds Claims Lacked Written Description and Enablement

by Sarah Geers | Sep 13, 2021 | PGR

By Miguel Alvarez* and Sarah Geers – A recent post-grant review decision once again reminds patentees of the increasing scrutiny that claims are facing under the written description and enablement requirements under 35 U.S.C. § 112 (a).  In this case,...
PGR Ineligible – Petitioner Failed to Show Post-AIA Priority

PGR Ineligible – Petitioner Failed to Show Post-AIA Priority

by Matthew Johnson | Aug 25, 2021 | PGR

By Hannah Mehrle and Matt Johnson – Ocado Group (“Petitioner”) filed a petition requesting a post-grant review of a claim from U.S. Patent No. 10,696,478 (’478 Patent) owned by AutoStore Technology (“Patent Owner”).  The Board concluded that the Petitioner did...
Motion to Amend Denied for Failure to Meet 42.121 Requirements

Motion to Amend Denied for Failure to Meet 42.121 Requirements

by Matthew Johnson | Dec 13, 2018 | Amendment Practice

By Levent Herguner and Matt Johnson –  On November 26, 2018, the PTAB entered its Final Written Decision in Intel Corp. v. Alacritech, Inc., Case IPR2017-01391, denying Patent Owner Alacritech, Inc.’s Motion to Amend in the inter partes review of certain claims...
For Substitute Claims, “Possession is Nine-Tenths of the Law”

For Substitute Claims, “Possession is Nine-Tenths of the Law”

by Emily Tait | Apr 5, 2018 | Amendment Practice

By: Emily Tait On March 20, 2018, the PTAB issued a Final Written Decision in Kapsch TrafficCom IVHS Inc. v. Neology, Inc., Case IPR2016-01763, Paper 60 (PTAB Mar. 20, 2018), finding that Petitioner Kapsch TrafficCom IVHS Inc. (“Kapsch”) had proven by the...
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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.