Articles: 1-10 of 112

Witness Testimony Regarding Intent to Infringe Excluded Because Defendant Refused Such Discovery Based on Privilege

USA - January 17 2023 The U.S. District Court for the District of Colorado granted a motion in limine to preclude testimony from corporate executives about their “business…

PTAB Reverses Course and Finds Challenged Patent Claims Unpatentable in Light of Applicant Admitted Prior Art

USA - December 2 2022 The Patent Trial and Appeal Board granted a request for rehearing of a Final Written Decision in which it had originally determined that the…

Federal Circuit: Claim Amendments During IPR That Respond to Grounds of Unpatentability May Also Make Changes Unrelated to the IPR

USA - December 1 2022 In a recent decision, the Federal Circuit affirmed the PTAB’s policy of permitting claim amendments unrelated to the IPR proceedings when the amended…

USPTO Director Issues Sua Sponte Precedential Decision Addressing Abuse of IPR Process

USA - November 10 2022 In a precedential 52-page sua sponte decision, the United States Patent and Trademark Office (USPTO) Director Katherine Vidal addressed several…

PTAB: Statements About Device Not Disclosed in a Video Are Not Prior Art; Concurrence: Video Itself—If Publicly Available—Is Prior Art

USA - October 12 2022 The Patent Trial and Appeal Board denied a petition to institute inter partes review, finding there was no reasonable likelihood that petitioners…

Federal Circuit: New Invalidity Argument Presented to PTAB for the First Time on Remand from Appeal is Forfeit

USA - September 19 2022 The Federal Circuit reversed an obviousness determination from the Patent Trial and Appeal Board (PTAB) for relying on an argument raised by the…

PTAB Applies Director’s Guidance and Holds that Compelling Evidence of Unpatentability Precludes Fintiv Denial

USA - September 13 2022 In an IPR institution decision issued shortly after the USPTO issued Interim Guidance on discretionary denials, the PTAB held that the petition…

IPR Petition Denied Due to Expert’s Lack of Relevant Experience

USA - September 12 2022 A recent board decision denying inter partes review serves as a reminder that an expert opining on obviousness must at least meet the definition of…

PTAB Orders Production of Final Infringement Contentions from Related Litigations for Being Inconsistent with Patent Owner’s Response

USA - July 29 2022 Petitioners moved for an order requiring Patent Owner to produce discovery comprising Final Infringement Contentions from related district court…

District of Delaware: IPR Estoppel Does Not Apply to any Prior-Art Products

USA - July 29 2022 A judge in the District of Delaware has ruled that an estoppel under 35 U.S.C. § 315(e)(2) does not apply to prior-art products, even if those…