by Sarah Geers | Aug 1, 2024 | PTAB News, Trial Institution
By Scott Findley* and Sarah Geers – On July 9, 2024, Director Vidal reversed and remanded a denial of institution of inter partes review (IPR) relating to three Spin Master patents. See Prime Time Toys LLC v. Spin Master, Inc., IPR Nos. 2023-01339, 2023-01348,...
by Sarah Geers | May 1, 2024 | PTAB Trial Basics, Trial Institution
By Sarah Geers and Daniel Sloan – Director Vidal recently vacated three discretionary denials of institution after finding that the three petitioners did not have a “significant relationship” with a prior petitioner. American Honda Motor Co., Inc. v. Neo...
by Sarah Geers | Dec 28, 2023 | Prior Art Issues, PTAB News, Request for Reconsideration
By Luke Cipolla, Daniel Sloan, Robert Breetz, Sarah Geers, and Matt Johnson – USPTO Director Kathi Vidal recently designated precedential section II.E.3 of Penumbra, Inc. v. RapidPulse, Inc. and clarified that the priority analysis for an AIA reference patent as...
by Sarah Geers | Apr 12, 2023 | PTAB News, PTAB Trial Basics
By Sarah Geers and Ashvi Patel – In its second-ever Final Written Decision in a derivation proceeding, the Patent Trial and Appeal Board (“PTAB”) determined that a patent application for a biocidal composition and method of producing said biocidal...
by Sarah Geers | Jan 20, 2023 | Claim Construction, Federal Circuit Appeal
By Sarah Geers, Ashvi Patel, and Stephanie Mishaga – The Federal Circuit recently held, in Cupp Computing AS v. Trend Micro Inc., that a disclaimer in an inter partes review (IPR) proceeding is not binding on the USPTO in the same proceeding in which the...