by Lisa Furby | Feb 21, 2025 | Discovery, Evidentiary Issues, PTAB Trial Basics
By Lisa Furby and Jim Twieg – “Because Congress intended inter partes reviews to serve as a faster and more cost-effective alternative to litigating validity in district courts, discovery in inter partes reviews is limited.” See Garmin Int’l, Inc. v....
by Lisa Furby | Feb 20, 2025 | PGR
By Lisa Furby and Anneli Kawaoka – In anticipating a dispute over whether the America Invents Act would apply, Petitioner MPL Brands NV, Inc. (“MPL”) filed concurrent petitions for both inter partes review and post-grant review of U.S. Patent No. 11,932,441...
by Lisa Furby | Jun 10, 2024 | Federal Circuit Appeal
By Lisa Furby, Zachary Marshall-Carter, and Matt Johnson – On May 20, the Federal Circuit held fees incurred in voluntary parallel IPR proceedings were not recoverable under 35 U.S.C. § 285. Dragon Intell. Prop. LLC v. DISH Network L.L.C., No. 2022-1621, slip...
by Lisa Furby | Apr 12, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution
By Lisa Furby – In denying inter partes review in OBM, Inc. & Cholla Energy LLC v. Lancium LLC, the PTAB again made clear that “technical availability” of a reference is not enough to establish it is a printed publication. Here, the PTAB held that the...
by Lisa Furby | Feb 23, 2024 | PTAB News, PTAB Trial Basics
By Owen Carpenter, Lisa Furby, and Dave Maiorana – Director Vidal recently issued sanctions against OpenSky Industries (“OpenSky”) for attempted extortion during settlement negotiations and abuse of the IPR process for US Patent 7,725,759 and awarded $413,264.15...
