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PTAB Litigation Blog Blog

Articles: 1-10 of 549

Healthy Overlap Between PTAB And Trial Court Favors Denial

USA - May 13 2022 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…

Confidential Manual Deemed Not A Printed Publication

USA - May 11 2022 In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior…

Christmas Vacate-tion—Petitioners Allowed to Raise Fair Extensions of Petition Arguments

USA - May 6 2022 Willis Electric Co., Ltd. (“Willis Electric”) owns U.S. Patent No. 10,222,037 (the “’037 Patent”), titled “Decorative lighting with reinforced wiring…

Reexam References Count In Section 325(d) Analysis

USA - May 2 2022 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…

Derivation Decision Offers Several Reminders for Petitioners

USA - April 27 2022 The PTAB recently issued a rare decision instituting a derivation proceeding, in Global Health Solutions LLC v. Selner, DER2017-00031 (“GHC”). The GHC…

PTAB Will Not Hear AAPA-Basis Grounds

USA - April 22 2022 In a recent decision invalidating numerous claims of a patent related to cochlear implants for hearing loss, the PTAB found that Petitioner improperly…

No Do-Overs: PTAB Denies Motion for Sanctions as Untimely

USA - April 15 2022 In MG Freesites Ltd v. Scorpcast, LLC, the PTAB recently denied a Petitioner’s request to file a Motion for Sanctions for alleged misconduct by the…

PTAB Allows Supplemental Information Request To Fly

USA - April 13 2022 Once the PTAB institutes an IPR, the parties may only add supplemental information to the record by requesting authorization to file a motion to…

Senate Confirms Kathi Vidal as USPTO Director

USA - April 6 2022 On April 5, 2022, the Senate confirmed Kathi Vidal as the new Director of the USPTO by voice vote. President Joe Biden nominated Vidal for the post…

PTAB Denies Joinder Motion Filed More Than One Month After PGR Institution

USA - April 6 2022 Typically, a Motion for Joinder to an earlier post-grant review (“PGR”) must be filed within one month of the institution of the earlier PGR. 37 C.F.R…