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Correcting an Incorrect Priority Chain During PGR/IPR

USA - October 2 2019 In a case decided yesterday, the Federal Circuit found that the Board abused its discretion by denying Honeywell’s request to file a motion for leave…

John C. Alemanni.

Competitor Standing Requires Present or Non-Speculative Interest

USA - May 14 2019 AVX Corp. (“AVX”) filed a Petition for Inter Partes Review challenging all claims of U.S. 6,661,639 owned by Presidio Components, Inc. (Presidio)…

John C. Alemanni.

The PTAB Designates a New Precedential Order on Motions to Amend

USA - March 12 2019 The PTAB designated as precedential a recent order regarding Motions to Amend. Lectrosonics, Inc. v. Zaxcom, Inc., Case IPR2018-01129, 01130, Paper…

John C. Alemanni.

The One-Year Bar Applies Even After a Voluntary Dismissal without Prejudice

USA - August 16 2018 Today, the Federal Circuit issued an en banc decision in Click-to-Call Technologies, LP v. Ingenio, Inc, Yellow, LLC (Case No. 2015-1242)…

John C. Alemanni.

Are PTAB Non-Institution Decisions Based on Indefiniteness Defensible post-SAS?

USA - May 10 2018 The PTAB has declined to institute proceedings on challenged claims on the basis that one or more of the challenged claims is indefinite. See, e.g…

John C. Alemanni.