Articles: 1-10 of 189
Bringing Down the IPR Petition: Lack of Specification Citations Proves Fatal in Addressing Means-Plus-Function Claims
USA - May 2 2023 In Samsung Electronics Co., Ltd. v. Power2B Inc., IPR2022-01378, Paper 12 (P.T.A.B. Mar. 15, 2023), the Patent Trial and Appeal Board ("Board")…
Federal Circuit PTAB Appeal Statistics for March 2023
USA - May 1 2023 In March, the Federal Circuit affirmed the PTAB on every issue in 11 (84.62%) cases on appeal from post-grant proceedings, including in two…
IPR and PGR Statistics for Final Written Decisions Issued in February and March 2023
USA - April 27 2023 In February, 145 (22.10%) instituted claims survived review across 42 IPR and PGR Final Written Decisions, including decisions following remand from…
Timeline for Receiving a Certificate for Amended Claims in an Inter Partes Review
USA - April 25 2023 Congratulations! You received an IPR Final Written Decision granting your motion to amend. Now what happens? According to Rule 42.80, the Office will…
USPTO Proposes PTAB Reforms
USA - April 21 2023 On April 20, 2023, the USPTO released an Advance Notice of Proposed Rulemaking for potential reforms to the rules and guidelines for AIA trials…
Statements and Arguments in IPR Proceedings Challenging Unrelated Patents May Impact a District Court’s Claim Construction Analysis
USA - April 20 2023 In DNA Genotek Inc. v. Spectrum Solutions, LLC, DNA Genotek asserted U.S. Patent No. 10,619,187 (“the ’187 patent”) against Spectrum Solutions…
Expert Declaration’s Verbatim Repetition of Conclusory Attorney Argument Entitled to Little Weight
USA - April 18 2023 In Xerox Corp. v. Bytemark, Inc, Director Vidal initiated sua sponte Director Review of the Board’s decision denying institution of Xerox’s IPR…
Sniffs of Patentability in IPR: Anticipation, Obviousness, and Admissibility
USA - April 13 2023 In Amphastar Pharms., Inc. v. Aegis Therapeutics, LLC, Amphastar filed a Petition for inter partes review (“IPR”) of claims 1-20 of Aegis’s U.S…
The Board Denied Institution Due to Petitioner’s Admission that Its Proposed Structure for a Means-Plus Function Limitation Was Incorrect
USA - April 11 2023 In Ebates Performance Marketing, Inc. d/b/a Rakuten Rewards v. International Business Machines Corp., the PTAB denied institution because…
Life of the (Not So) Real Party in Interest
USA - April 4 2023 The Board in Nokia of America Corp. v. TQ Delta, LLC [1] instituted Nokia’s petition and rejected Patent Owner’s, real party in interest and privity…
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