by Matthew Johnson | Feb 6, 2025 | Prior Art Issues, PTAB News
By Raffaella Faraoni and Matt Johnson – The Federal Circuit affirmed six PTAB decisions that held unpatentable as obvious 79 claims of three Cytiva Bioprocess (“Cytiva”) challenged patents and reversed the PTAB decision upholding four claims. JSR Corp. (“JSR”)...
by Matthew Johnson | Jan 23, 2025 | Federal Circuit, Prior Art Issues, PTAB News, PTAB Trial Basics
By Adam J. Cook and Michael Oblon – On appeal from an inter partes review (“IPR”), the Federal Circuit held that, under pre-America Invents Act (“pre-AIA”) law, a published patent application is prior art as of its filing date as opposed to its later date of...
by Matthew Johnson | Jan 9, 2025 | Prior Art Issues, PTAB News, PTAB Trial Basics
By Sue Gerber, Adriane Elinski, and Matt Johnson – When issued patent drawings are not explicitly made to scale, the Federal Circuit recently confirmed that arguments relying solely or predominately on the features of those drawings, such as line thickness, are...
by Matthew Johnson | Dec 19, 2024 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By Nicholas D’Andrea and Matt Johnson – The PTAB denied institution of inter partes review (IPR) for a patent directed to geothermal technology. Fervo Energy Co. v. Ormat Techs. Inc., IPR2014-00665, Paper 18 (PTAB Sept. 18, 2024). The claimed invention...
by Matthew Johnson | Dec 13, 2024 | Evidentiary Issues, Prior Art Issues, PTAB News, PTAB Trial Basics
By Adam Cook and Matt Johnson – The Patent Trial and Appeal Board (“PTAB”) denied institution in an inter partes review (“IPR”), finding that an online store’s assertion regarding when a product was “first available” is by itself insufficient evidence of...
by Matthew Johnson | Nov 26, 2024 | Estoppel, Evidentiary Issues, Prior Art Issues
By Dalton Earich,* Matt Modderman, and Matt Johnson – On October 25, 2024, the United States District Court for the Eastern District of Pennsylvania ordered Comcast Corporation (“Comcast”) to identify the date on which it learned of each patent, patent...
