by David Cochran | Apr 9, 2018 | Evidentiary Issues, PTAB Trial Basics
By: Rich Graham and Dave Cochran On April 2, 2018, the PTAB issued a final written decision in Fox Factory finding that the petitioner failed to carry its burden in showing the instituted claims were unpatentable as obvious. Fox Factory, Inc. v. SRAM, LLC,...
by Carl Kukkonen | Mar 21, 2018 | Evidentiary Issues, Other News, PTAB Trial Basics
By: Jeffrey Wu and Carl Kukkonen Publicly Accessible In Power Integrations, Inc. v. Semiconductor Components Industries, LLC, the PTAB provided new guidance to practitioners regarding the eligibility of conference papers as printed publications for use as prior art...
by John Evans, Ph.D. | Feb 15, 2018 | Evidentiary Issues, Expert Witnesses
By: John Evans, Ph.D. and Dave Cochran An expert asserting that a patent claim reciting different features than the prior art is nonetheless “equivalent” to the prior art must address and account for the recited limitations head-on, or otherwise lose persuasive...
by Albert Liou | Feb 13, 2018 | Evidentiary Issues
By: Albert Liou In KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 421 (2007), the Supreme Court stated that “common sense” can be considered in reaching a conclusion that a claimed invention is obvious. Since then, both litigants and patent examiners have often...
by John Evans, Ph.D. | Feb 6, 2018 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By: Jaime Choi, Tracy Stitt, and John Evans On February 1, the PTAB held its first “Boardside Chat” of 2018, which featured three judges discussing appeals and AIA trial proceedings for design patents. Not only are such proceedings less common for design patents...
by John Evans, Ph.D. | Jan 29, 2018 | Evidentiary Issues
By: Joshua Nightingale and John Evans In district courts’ claim construction analyses, intrinsic evidence is of paramount importance. Although extrinsic evidence “may be useful to the court,” it is considered “less significant” than the claim language, specification,...