by David Maiorana | Sep 8, 2017 | PTAB Trial Basics
By Allie Terry and Dave Maiorana As we have previously discussed (on February 1, March 1, March 30, and May 19), reliance on secondary considerations of non-obviousness has been hit or miss for patent owners trying to convince PTAB panels that the secondary...
by David Maiorana | Aug 5, 2017 | PTAB Trial Basics
By Dave Maiorana In October 2016, we posted about a Federal Circuit decision addressing whether assignor estoppel bars a party from filing an inter partes review petition. In Athena Automation Ltd. v. Husky Injection Molding Systems Ltd., the court held that it...
by David Maiorana | Jun 22, 2017 | 325(d) issues, Prior Art Issues
By Dave Maiorana It is not always possible for a party seeking to challenge a patent in an IPR to find prior art patents or printed publications that the USPTO has not already considered. Often the best available prior art comes from the references cited to (or by)...
by David Maiorana | May 19, 2017 | PTAB News, PTAB Trial Basics
By Dave Maiorana We have previously reported (on February 1, on March 1, and on March 30) how patent owners have seen a mixed bag of results in trying to convince PTAB panels that secondary considerations of non-obviousness were sufficient to outweigh a prima facie...
by David Maiorana | Apr 11, 2017 | Evidentiary Issues
By Dave Maiorana If you are involved in an IPR and you are contemplating whether to rely on your own confidential information as part of a filing, you need to consider the risk that the Board will deny your motion to file under seal because it relied on that...
