by Matthew Johnson | Dec 22, 2023 | Prior Art Issues, PTAB News, Trial Institution
By Hannah Mehrle and Matt Johnson – In IPR2023-01058, the PTAB declined to institute IPR, finding that Patent Owner had disclaimed all challenged claims under 35 U.S.C. § 243(a), in compliance with 37 C.F.R. § 1.321(a), such that there was no basis on which to...
by Matthew Johnson | Dec 12, 2023 | Prior Art Issues, PTAB News, PTAB Trial Basics
By Pranita Dhungana and Matt Johnson – The PTAB recently denied IPR institution in Sophos v. Open Text because the petitioner failed to show a reasonable likelihood that the asserted reference was, in fact, prior art. IPR2023-00732, Paper 23 (November 2, 2023)....
by Evan McLean | Nov 29, 2023 | Prior Art Issues, PTAB News, Trial Institution
By Evan Jones and Evan McLean – On September 21, 2023, the PTAB denied United Services Automobile Association’s petition to institute inter partes review of Auto Telematics’s U.S. Patent No. 9,633,487. IPR2023-00519, Paper 10. The ’487 patent relates generally...
by Matthew Johnson | Oct 20, 2023 | Final Written Decisions, Prior Art Issues, PTAB News
By Hannah Mehrle and Matt Johnson – At the Inter Partes review trial, Patent Owner attempted to swear behind Petitioner’s primary prior art reference by showing that the inventors of the asserted patents had conceived of the invention before the priority date of...
by Matthew Johnson | Sep 13, 2023 | Prior Art Issues, PTAB News, Trial Institution
By Evan Tassis and Matt Johnson – The PTAB recently denied institution of inter partes review of a patent directed to determining the pitch of roofs after finding that Petitioner failed to directly challenge the sufficiency of Patent Owner’s priority assertions...
by Matthew Johnson | Aug 24, 2023 | Prior Art Issues, PTAB News, PTAB Trial Basics
By Ernie Oleksy,* Robby Breetz, and Matt Johnson – Although provisional applications can be used to secure an earlier date for 102(e), the petitioner bears the burden of production in establishing a prior art date for the asserted prior art. The Patent Trial and...
