by John Evans, Ph.D. | Jul 30, 2019 | PGR
By John Evans and Kerry Barrett The PTAB’s recent decision instituting post-grant review of a design patent in Man Wah Holdings Ltd. v. Raffel provides interesting perspectives on how design patent invalidity theories work. This decision highlights the subtle...
by John Evans, Ph.D. | Jul 16, 2018 | Final Written Decisions
By: John C. Evans, Ph.D. and Aryane GaransiAchilles Heel Like utility patents, design patent validity can be challenged in inter partes review (“IPR”) proceedings. Nonetheless, the Patent Trial and Appeal Board (“PTAB” or the “Board”) tends to reach different results...
by John Evans, Ph.D. | Feb 15, 2018 | Evidentiary Issues, Expert Witnesses
By: John Evans, Ph.D. and Dave Cochran An expert asserting that a patent claim reciting different features than the prior art is nonetheless “equivalent” to the prior art must address and account for the recited limitations head-on, or otherwise lose persuasive...
by John Evans, Ph.D. | Feb 6, 2018 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By: Jaime Choi, Tracy Stitt, and John Evans On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents...
by John Evans, Ph.D. | Jan 29, 2018 | Evidentiary Issues
By: Joshua Nightingale and John Evans In district courts’ claim construction analyses, intrinsic evidence is of paramount importance. Although extrinsic evidence “may be useful to the court,” it is considered “less significant” than the claim language, specification,...
