Section 285 Did Not Allow For IPR Fees

Section 285 Did Not Allow For IPR Fees

By Pranita Dhunghana* and Emily Tait – The Patent Act provides that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.”  35 U.S.C. § 285.  In a recent denial of a motion for attorney fees pursuant to § 285, an Ohio...
PTAB Will Not Hear AAPA-Basis Grounds

PTAB Will Not Hear AAPA-Basis Grounds

By Emily Tait – In a recent decision invalidating numerous claims of a patent related to cochlear implants for hearing loss, the PTAB found that Petitioner improperly relied on applicant admitted prior art (AAPA) as the “basis” for one asserted ground, and then...