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...
by Lisa Furby | Apr 26, 2023 | Evidentiary Issues, PTAB News
By Jesse Wynn and Lisa Furby – Parties before the PTAB should be careful to submit supplemental materials as soon as practicable. In Extractiontek Sales v. Gene Pools Tech., the PTAB denied a Patent Owner’s motion to submit a deposition transcript from a...
by Lisa Furby | Feb 9, 2023 | Prior Art Issues, Request for Reconsideration
By Ryan Mueller and Lisa Furby – On January 10, 2023, a PTAB panel granted a Petitioner’s Request for Rehearing of Final Written Decision and, contemporaneously, issued a revised Final Written Decision in Unified Patents, LLC, v. 2BCom, LLC, IPR2020-00996,...
