by Kenneth Luchesi | Jan 25, 2019 | Federal Circuit Appeal, Final Written Decisions
By Kenny Luchesi Amazon.com, Inc. and Blizzard Entertainment, Inc. (“Amazon”) filed a petition for inter partes review challenging the validity of AC Technologies S.A.’s (“AC”) U.S. Patent No. 7,904,680. See IPR2015-01802. Amazon asserted three grounds of...
by Kenneth Luchesi | Dec 14, 2018 | Real Party in Interest
By Kenny Luchesi – In a recently published decision, the PTAB held that Samsung’s petition for inter partes review of a patent owned by The SEVEN Networks LLC was not time-barred under § 315(b). Samsung filed its petition less than one year after being...
by Kenneth Luchesi | Sep 9, 2018 | Estoppel
By: Kenneth S. Luchesi As the boundaries of estoppel post-SAS continue to unfold, one court has found that if a petitioner’s time for appealing a PTAB partial-institution decision had not yet run out at the time that SAS was handed down, then the failure to appeal...
by Kenneth Luchesi | Mar 20, 2018 | PTAB Trial Basics, Time Limits
By: Kenny Luchesi disclaimer A few weeks ago, we posted an article discussing the Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345 (Fed. Cir. 2018). (see Disclaimer Before Institution May Not Avoid Adverse Judgment Estoppel). In...
by Kenneth Luchesi | Feb 1, 2018 | Estoppel, Federal Circuit Appeal, Final Written Decisions, Preliminary Responses
By: Kenneth Luchesi In a split decision that drew separate opinions from each of the panel members, the Federal Circuit recently affirmed the PTAB’s decision to enter an adverse judgment against a patentee, even though the patentee had properly disclaimed all of the...
