by John Marlott | Oct 19, 2017 | Petitions
By John Marlott Serial IPR or CBM petitions challenging the same patent claims have been a recurring issue for the PTAB. On October 18, 2017, the PTAB designated as precedential a portion of a decision by an expanded panel that addressed this issue in General Plastic...
by Jones Day's PTAB Team | Dec 6, 2016 | Evidentiary Issues, Final Written Decisions, Petitions
By Jennifer Chheda, Ph.D. and Cary Miller, Ph.D. On November 14, 2016, the PTAB issued a Final Written Decision upholding Paragon Bioteck, Inc.’s patent, U.S. Patent No. 8,859,623 B1 (the “’623 patent”), relating to a method of using an ophthalmic composition for...
by Jones Day's PTAB Team | Oct 20, 2016 | Federal Circuit Appeal, Petitions, PTAB Trial Basics
On July 25, 2016, the United States Court of Appeals for the Federal Circuit issued a decision in In re: Magnum Tools Int’l, Ltd., No. 2015-1300 (Fed. Cir. Jul. 25, 2016) confirming that the burden of proving invalidity lies with the petitioner throughout the entire...
by Matthew Johnson | Oct 13, 2016 | Final Written Decisions, Petitions, PTAB News, PTAB Trial Basics, Trial Institution
By Matt Johnson (profile) The Patent Trial and Appeal Board has released AIA trial filing and disposition numbers for August 2016. Filings remained near the 150 mark, with 143 total trials being requested in August, 136 of those being requests for Inter Partes Review....
by Jones Day's PTAB Team | Feb 5, 2016 | Petitions, PGR, Time Limits
US Endotronics, LLC. v. Gold Standard Instruments, LLC., PGR2015-00019 Patent applications filed on or after March 16, 2013, that claim priority to an application filed before March 16, 2013 (“transition applications”), are examined under pre-AIA first-to-invent...
by Jones Day's PTAB Team | Dec 23, 2015 | Petitions
Practice Tip: Significant attention should be paid to motivations to combine rationales in petition drafting especially at the PTAB Trial Phase versus the Appeal Phase. Belden Inc. v. Berk-Tek LLC, Appeal Nos. 2014-1575, -1576 (Fed. Cir. Nov. 5, 2015) – Appeal...
