by Albert Liou | Aug 1, 2023 | Prior Art Issues, PTAB News, Trial Institution
By Albert Liou – In a recent decision denying institution, the PTAB rejected Petitioner Mercedes Benz USA’s argument that the challenged patent was not entitled to the filing date of its provisional application. Mercedes-Benz USA, LLC v. Westport Fuel Systems...
by Joseph Beauchamp | Jul 6, 2023 | Prior Art Issues, PTAB News
By Alison Ibendahl and Joe Beauchamp – In a recent decision, the Patent Trial and Appeals Board denied institution of inter partes review after holding that Petitioner Microsoft’s key obviousness reference did not qualify as a printed publication. Microsoft...
by Lisa Furby | Feb 9, 2023 | Prior Art Issues, Request for Reconsideration
By Ryan Mueller and Lisa Furby – On January 10, 2023, a PTAB panel granted a Petitioner’s Request for Rehearing of Final Written Decision and, contemporaneously, issued a revised Final Written Decision in Unified Patents, LLC, v. 2BCom, LLC, IPR2020-00996,...
by Matthew Johnson | Feb 3, 2023 | Evidentiary Issues, Federal Circuit Appeal, Prior Art Issues, PTAB News
By Sue Gerber and Matt Johnson – Proof of prior art is an issue that often arises in inter partes and post grant review proceedings before the PTAB. In a recent decision, the Federal Circuit explained the quantum of proof that is required to establish prior...
by Matthew Johnson | Nov 16, 2022 | Prior Art Issues, Trial Institution
By Matt Modderman,* Robby Breetz, and Matt Johnson – A PTAB panel recently denied IPR institution where one of the asserted prior art references was non-analogous and thus the POSITA would not have made the proposed § 103 combination. The Chamberlain Group, LLC v....
by Matthew Johnson | Sep 22, 2022 | Prior Art Issues, PTAB News
By Sean Benevento, Mike Lavine, and Matt Johnson – In LG Electronics v. Immervision, the Federal Circuit clarified the standard for evaluating whether a prior art reference includes an obvious typographical error. See 39 F.4th 1364, 1365 (Fed. Cir. 2022). Under...
