by David Cochran | May 29, 2018 | Claim Construction, PTAB Trial Basics
By: Sanjiv Laud and Dave Cochran The PTAB’s recent decision denying rehearing in United Microelectronics Corp. v. Lone Star Silicon Innovations LLC, IPR2017-01513, Paper 10 (PTAB May 22, 2018) sheds light on the Board’s practice under 37 C.F.R. 42.108(c), which holds...
by Jones Day's PTAB Team | May 8, 2018 | Claim Construction, PTAB News
By: Rich Graham and Matt Johnson Today, the USPTO issued a press release announcing a Notice of Proposed Rulemaking for Claim Construction Standards used in PTAB Proceedings.[1] The rule proposed by the Office would change the prior policy of using the Broadest...
by Jones Day's PTAB Team | Mar 16, 2018 | Claim Construction, Estoppel, Federal Circuit, PTAB Trial Basics
By: Rich Graham and Matt Johnson On March 13, 2018, in Nestlé USA, Inc. v. Steuben Foods, Inc., 2017-1193 (Fed. Cir. Mar. 13, 2018), the Federal Circuit confirmed that collateral estoppel may preclude the need to revisit an issue that had already been resolved against...
by Joseph Beauchamp | Mar 13, 2018 | Claim Construction
By: Mike Lavine and Joe Beauchamp process step in product claims Whether a process step in product claims is afforded patentable weight has been an issue gaining more attention recently. The Federal Circuit weighs in on the topic in In re Nordt Dev. Co., LLC, No....
by David Maiorana | Mar 12, 2018 | Claim Construction, PTAB Trial Basics
By: Dave Maiorana In previous posts, we have discussed whether the PTAB and the district courts can reach different conclusions on the same issue. (See Fed Circ Affirms Conflicting Invalidity Determinations from District Court and PTAB; Can PTAB and Courts Reach...
by Carl Kukkonen | Oct 2, 2017 | Claim Construction, Trial Institution
By Carl Kukkonen and Amanda Leckman On September 13, 2017, the PTAB, a five-judge panel, granted a petition to institute an inter partes review brought by HTC America, Inc. (“Petitioner”) against Virginia Innovation Sciences, Inc. (“Patent Owner”) regarding U.S....
