by Jones Day's PTAB Team | Apr 13, 2020 | Prior Art Issues, PTAB News
By Kelsey Nix and Pablo Hendler – As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art. Here is an in depth...
by Matthew Johnson | Apr 10, 2020 | Prior Art Issues
The PTAB recently designated a number of cases regarding procedures for determining whether a prior art reference is a “printed publication.” One opinion regarding the difference in burdens of proving “printed publication” status between...
by Matthew Johnson | Sep 25, 2019 | Prior Art Issues
By Catharina Chin Eng and Matt Johnson The PTAB has previously applied to IPR filings the statutory grace period under 35 U.S.C. § 21(b) for USPTO papers and fees due on a weekend or holiday. See Samsung Elecs. Co. v. Immersion Corp., Case IPR2018-01468, slip op. at...
by John Evans, Ph.D. | Aug 21, 2019 | 325(d) issues, Prior Art Issues
By John Evans and Dave Cochran The most persuasive IPR petitions offer fresh unpatentability theories never considered before. But petitions that simply repackage old issues often don’t gain traction. So, when you’re citing prior art that was before the Examiner...
by Matthew Johnson | Aug 1, 2019 | Federal Circuit, Prior Art Issues, Standing
By Elizabeth Dengler,* Mike Lavine, Jihong Lou, Matthew Johnson Samsung Electronics Co., Ltd. (“Samsung”) petitioned for inter partes review (“IPR”) of U.S. Patent No. 8,917,772 (“the ‘772 Patent”), which is owned by Infobridge and is directed to encoding and decoding...
by Matthew Johnson | Jul 8, 2019 | Prior Art Issues
By Grant Hebrank,* Josh Nightingale, and Matt Johnson On May 8, 2019, the Patent Trial and Appeal Board denied institution of inter partes review in William Wesley Carnes, Sr., Inc. v. Seaboard Int’l Inc., No. IPR2019-00133, holding that the mere fact that prior art...