by Jones Day's PTAB Team | Sep 19, 2016 | Estoppel
In IPR2016-00781, the PTAB denied institution on the grounds that the petitioner was estopped with respect to the claims of U.S. Patent No. 8,846,112 (“the ‘112 patent”). In an earlier proceeding brought by the petitioner, IPR2015-00529, the PTAB issued a Final...
by Jones Day's PTAB Team | Aug 29, 2016 | Other News
On August 23, 2016, the International Trade Commission (“ITC”) issued the public version of its Final Opinion in Certain Three-Dimensional Cinema Systems and Components Thereof, Inv. No. 337-TA-939, clarifying the effect of Inter Partes Review (IPR)...
by Jones Day's PTAB Team | Jul 29, 2016 | Estoppel
On March 23, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in Shaw Industries Group, Inc. v. Automated Creel Systems, Inc., 817 F.3d 1293, holding that the PTAB’s decision not to institute IPR review on petitioned grounds on the...
by Jones Day's PTAB Team | Jul 28, 2016 | Evidentiary Issues, PTAB Trial Basics
On July 25, 2016, the U.S. Court of Appeals for the Federal Circuit issued a decision in In re Magnum Oil Tools International, Ltd., reversing the U.S. Patent Trial and Appeal Board’s (“PTAB”) decision in an inter partes review and holding that the PTAB improperly...
by Jones Day's PTAB Team | Jul 14, 2016 | Evidentiary Issues
Current understanding of the PTAB process holds that a party’s petition challenging a patent must contain all evidence and arguments for institution that the party plans to present; otherwise, anything not included in the petition is forfeited. This understanding may...