by Jones Day's PTAB Team | Jan 27, 2016 | Claim Construction, PTAB Trial Basics
Cuozzo Speed Tech. v. Lee (Supreme Court 2015). On January 15th, the Supreme Court granted certiorari in Cuozzo Speed Tech. v. Lee, agreeing to hear a challenge to the Federal Circuit’s February 2015 decision upholding the PTAB’s invalidation of certain...
by Jones Day's PTAB Team | Jan 20, 2016 | PGR
In PGR2015-00018, Petitioner Telebrands Corp. filed a petition for post-grant review of claims 1-14 of U.S. Patent No. 9,051,066 (filed September 2014, issued June 2015). In the attached decision, described below, the Board instituted post-grant review, finding that...
by Jones Day's PTAB Team | Dec 30, 2015 | Prior Art Issues
Summary — Two Key Lessons: (1) The petitioner bears the initial burden of production to show that a challenged patent is not entitled to its earliest effective filing date. (2) Under Dynamic Drinkware, the petitioner must show that the claims of a published...
by Jones Day's PTAB Team | Dec 23, 2015 | Petitions
Practice Tip: Significant attention should be paid to motivations to combine rationales in petition drafting especially at the PTAB Trial Phase versus the Appeal Phase. Belden Inc. v. Berk-Tek LLC, Appeal Nos. 2014-1575, -1576 (Fed. Cir. Nov. 5, 2015) – Appeal...
by Jones Day's PTAB Team | Nov 23, 2015 | Motions Practice
The inter partes review (“IPR”) statute authorizes a patent owner (“PO”) to “file, after an IPR has been instituted, one motion to amend the patent to: (i) cancel any challenged patent claim,” and “(ii) for each challenged claim, propose a reasonable number of...
