Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation
By Jack Graves and Matt Johnson - The PTAB recently excluded a portion of Duration Media LLC’s (Petitioner) reply declaration for containing improper new evidence in an inter partes review petition filed against Rich Media Club LLC (Patent Owner) challenging all...
Don’t Wait To Seek Discovery Or It May Be Too Late
By Sue Gerber and Matt Johnson - “The statutory provisions for inter partes reviews, post-grant reviews, and covered-business method patent reviews caution against overly broad discovery and provide the same considerations, including efficient administration of the...
PTAB Denies Institution of Maize-Directed PGR
By Shane Padilla, Owen Carpenter, and Matt Johnson - On September 24, 2024, the PTAB denied institution of a post-grant review proceeding initiated by Inari Agriculture, Inc. (Petitioner) against Pioneer Hi-Bred International, Inc. (Patent Owner). The patent at issue...
Imprecise Claim Charts and Improper Incorporation By Reference Result in Institution Denial
By David Linden and Dave Maiorana - On March 23, 2024, Nearmap US, Inc. (“Nearmap”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 10,671,648 (“the ’648 Patent”) (“IPR716”), assigned to Eagle View Technologies, Inc. (“Eagle View”). The ’648...
Citing Issued Patent Instead of Pre-Grant Publication Almost Costs Petitioner
By Sabrina Bellantoni and Matt Johnson - Recently, the Patent Trial and Appeals Board (“PTAB”) released a final written decision finding no challenged claims were unpatentable in Duration Media LLC v. Rich Media Club LLC, IPR2023-00953, Paper 74 (August 19, 2024). Of...