by David Maiorana | Mar 1, 2017 | Evidentiary Issues, Federal Circuit Appeal
By Dave Maiorana As reported in our February 1, 2017 post, patent owners have had a difficult time convincing the PTAB that secondary considerations are sufficient to overcome a prima facie case of obviousness. The Crown Packaging decision, highlighted in that post,...
by David Maiorana | Jan 25, 2017 | Federal Circuit Appeal, Final Written Decisions
By Dave Maiorana Since enactment of the AIA and the start of the new post-grant review proceedings at the USPTO, practitioners have speculated on the interaction between the PTAB and the courts. Yes, AIA post-grant proceedings were expressly intended to be lower-cost...
by David Maiorana | Jan 24, 2017 | Expert Witnesses
By Dave Maiorana Although this seems pretty obvious, failure to make an IPR declarant available for deposition likely will cause the Board to exclude the declarant’s testimony from the trial, absent agreement of the parties or special circumstances. In 1964 Ears,...
by David Maiorana | Dec 15, 2016 | Evidentiary Issues, Federal Circuit Appeal, Prior Art Issues
By Dave Maiorana The Federal Circuit In In re: NuVasive, Inc. vacated and remanded the Patent Trial and Appeal Board’s finding that NuVasive’s claims are unpatentable in IPR2013-00506. The court held that it was unable to review the PTAB’s obviousness findings...
by David Maiorana | Nov 10, 2016 | PTAB News
By Dave Maiorana The U.S. Supreme Court has denied two of the three pending constitutional challenges to inter partes review (“IPR”). In MCM v. HP, No. 15-1330, patent owner MCM Portfolio LLC (“MCM”) challenged the constitutionality of IPRs on...
