by Joe Sauer | Dec 22, 2017 | Prior Art Issues
By Rich Graham and Joe Sauer Section 103 does not, by its terms, define the “art to which [the] subject matter [sought to be patented] pertains,” but longstanding precedent couches this question of fact in terms of “whether the art is analogous or not.” See In re...
by David Maiorana | Jun 22, 2017 | 325(d) issues, Prior Art Issues
By Dave Maiorana It is not always possible for a party seeking to challenge a patent in an IPR to find prior art patents or printed publications that the USPTO has not already considered. Often the best available prior art comes from the references cited to (or by)...
by Carl Kukkonen | May 2, 2017 | Prior Art Issues
By Amanda Leckman and Carl Kukkonen In connection with a dispute over parking meters, the PTAB, on March 27, 2017, issued a decision in IPR2016-00067 that Duncan Parking Technologies, Inc. (DPT) had not met its burden of showing, by a preponderance of evidence, that...
by Cary Miller | Mar 24, 2017 | Pharmaceutical, Prior Art Issues
By Jeff Giering, Ph.D. and Cary Miller, Ph.D. On March 6, 2017, the PTAB issued a pair of final written decisions upholding the patentability of U.S. Patent Nos. 7,932,268 (IPR2015-01836) and 8,618,135 (IPR2015-01835), in challenges filed by the Coalition for...
by Matthew Johnson | Feb 1, 2017 | Final Written Decisions, Prior Art Issues
By Matt Johnson While touted by the Federal circuit as “a powerful tool for courts faced with the difficult task of avoiding subconscious reliance on hindsight,” objective indicia of non-obviousness have, to date at the PTAB, been little more than a secondary...
by Carl Kukkonen | Jan 16, 2017 | Prior Art Issues, PTAB Trial Basics
By Kevin Clark and Carl Kukkonen The Patent Trial and Appeal Board (“Board”) recently reviewed the threshold necessary to institute a request for inter partes review (IPR) under 35 U.S.C. § 102. Munchkin, Inc. v. Int’l Refills Co., Ltd., IPR2016-01154 (December 12,...
