by Matthew Johnson | Jun 28, 2024 | District Court, Estoppel, Federal Circuit, PTAB News
By Sabrina Bellantoni and Matt Johnson – Recently, District Court Judge Thomas S. Zilly in the Western District of Washington granted Ironburg Inventions Ltd.’s (“Ironburg”) motion for inter partes review (“IPR”) estoppelpursuant to 35 U.S.C. § 315(e)(2), which...
by Matthew Johnson | Jun 21, 2024 | Preliminary Responses, PTAB News, PTAB Trial Basics, Trial Institution
By Dave Cochran and Daniel Sloan – On April 25, 2024, the PTAB denied Masimo Corporation’s (“Petitioner’s”) second petition for inter partes review (“IPR”) against U.S. Patent No. 10,076,257 (the “’257 patent”). Masimo Corp. v. Apple Inc., IPR2024-00071, Paper...
by Matthew Johnson | Jun 19, 2024 | Design Patents, Federal Circuit Appeal, Prior Art Issues
By John Evans, Jesse Wynn, and Erin Bies* – Those following this blog knew change was coming to design patent obviousness in the LKQ v. GM decision by the en banc Federal Circuit. In its May 21, 2024 decision, the court overruled the long-standing Rosen-Durling...
by Matthew Johnson | Jun 14, 2024 | Evidentiary Issues, Final Written Decisions, Prior Art Issues
By Hailey Stewart,* Evan Tassis and Matt Johnson – In a Final Written Decision, the PTAB declared claims of a patent unpatentable after finding the patent was not entitled to the earlier priority date of the anticipatory reference in Platinum Optics Technology,...
by Matthew Johnson | Jun 4, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution
By Sue Gerber and Matt Johnson – Under 35 U.S.C. § 314(a), the PTAB has discretion to deny institution of an inter partes review. In certain circumstances, the PTAB will discretionarily deny a petition because another petition challenging the same patent was...
