by David Cochran | Oct 9, 2017 | Federal Circuit Appeal
By Jaime Choi and Dave Cochran In IPR2014-01198, the PTAB found that the patent owner failed to prove that the patented invention was conceived prior to the date of the prior art, and thus concluded that the patent was unpatentable. The Federal Circuit disagreed,...
by David Cochran | Aug 25, 2017 | Claim Construction
By Vishal Khatri and Dave Cochran In a decision dated August 17, 2017, the PTAB denied institution of Kingston Technology Company, Inc.’s petition requesting inter partes review of claims 1-3, 6-8, 11-15, 23-28, and 36-39 of U.S. Patent No. 6,088,802 (“the ‘802...
by David Cochran | Jul 21, 2017 | Final Written Decisions
By Jaime Choi Ph.D. and Dave Cochran The patent statute requires the Patent Trial and Appeal Board (PTAB) to issue a final written decision within one year of instituting an Inter Partes Review (IPR). The recent case of Petroleum Geo-Services Inc. v. Westerngeo LLC...
by David Cochran | Jun 9, 2017 | PTAB News
By Jaime Choi and Dave Cochran In instituting IPR of a particular patent, the PTAB found that the patent was not entitled to its priority claim, thus opening it up to invalidity attacks. However, because the PTAB’s decision was not being challenged in the District...
by David Cochran | Mar 22, 2017 | Federal Circuit Appeal
By Dave Cochran In a precedential opinion dated March 14, 2017, the Federal Circuit reversed the PTAB, holding that in finding a claim anticipated under 35 USC § 102, the Board cannot “fill in missing limitations” simply because a skilled artisan would immediately...
