by Matthew Johnson | Mar 29, 2024 | Claim Construction, Final Written Decisions, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – It goes without saying that claim construction is an important issue, but the PTAB’s recent decision in Netflix, Inc. v. DIVX, LLC, IPR2020-00558, Paper 66 (PTAB Feb. 22, 2024), shows not only that reasonable minds can differ...
by Matthew Johnson | Feb 8, 2024 | Claim Construction, Federal Circuit, PTAB News
By Luke Cipolla, Matt Silveira, and Matt Johnson – In Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc., the Federal Circuit recently affirmed two PTAB decisions in IPRs filed by Pacific Biosciences of California, Inc. (PacBio) that...
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...
by Matthew Johnson | Jun 3, 2022 | Claim Construction, District Court, PTAB News
By Anthony Bautista and Matt Johnson – In XR Communications, LLC v. D-Link Systems, Inc. Et. Al., a judge in the Central District of California found that certain asserted claims claiming to wireless communication technology were barred by the doctrine of...
by Matthew Johnson | Aug 31, 2021 | Claim Construction, Petitions, PGR, PTAB News
By Sue Gerber and Matt Johnson – A patent is eligible for post-grant review (“PGR”) only if the patent is subject to the first-inventor-to-file provisions of the AIA. In Tricam Indus., Inc. v. Little Giant Ladder Sys., LLC, the PTAB explained that determining...
by Matthew Johnson | Aug 26, 2020 | Claim Construction, Trial Institution
By Marlee Hartenstein and Matt Johnson – In Samsung Elecs Co., Ltd., et al. v. Cellect, LLC, IPR2020-00474, Paper 14 (P.T.A.B. Aug. 17, 2020), the PTAB denied institution of U.S. Patent No. 6,982,740 (“the ʼ740 patent”), finding that the specification did not...
