by Bill Devitt | Feb 1, 2024 | Petitions, Prior Art Issues, Trial Institution
By Connor Scholes, Owen Carpenter, Bill Devitt, and Dave Maiorana – In Apple Inc. v. DoDots Licensing Sols. LLC, IPR2023-00939, Paper 12 (PTAB Jan. 3, 2024) (“Decision”), the PTAB clarified what is and what is not part of the prior art, and as such what can be...
by Josh Nightingale | Jan 12, 2024 | Prior Art Issues, Trial Institution
By Justice Hubbard, Robby Breetz, and Josh Nightingale – In AO Kaspersky Lab v. Open Text Inc., the PTAB denied inter partes review after determining that a screenshot of a GitHub repository was insufficient to establish that a whitepaper posted to that...
by Matthew Johnson | Jan 2, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics
By Sabrina Bellantoni and Matt Johnson – In a recent decision, the Patent Trial and Appeals Board found that the disputed claims regarding transferring digital content were not unpatentable under 35 U.S.C. § 103(a) after determining that the prior art cited by...
by Sarah Geers | Dec 28, 2023 | Prior Art Issues, PTAB News, Request for Reconsideration
By Luke Cipolla, Daniel Sloan, Robert Breetz, Sarah Geers, and Matt Johnson – USPTO Director Kathi Vidal recently designated precedential section II.E.3 of Penumbra, Inc. v. RapidPulse, Inc. and clarified that the priority analysis for an AIA reference patent as...
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)....
