by Matthew Johnson | Feb 2, 2023 | Estoppel, PTAB News
By Misti Blount and Matt Johnson – Director Vidal’s sua sponte Director Review decision of Apple Inc. v. Zipit Wireless, Inc. (IPR2021-01124, -01125, -01126, -01129) was recently designated as precedential. The decision dealt an immediate setback for Apple and...
by Matthew Johnson | Jan 26, 2023 | Evidentiary Issues, PTAB News
By Ryan Mueller, Sachin Patel, and Matt Johnson – The PTAB recently granted Frameless Hardware Company LLC’s (“FHC”) motion to submit supplemental information to its expert’s original declaration in support of institution. FHC had filed two petitions against...
by Matthew Johnson | Jan 13, 2023 | Discovery, Evidentiary Issues, PTAB News
By Ashvi Patel, Marlee Hartenstein, and Matt Johnson – On November 18, 2022, a panel of three PTAB administrative patent judges denied a Patent Owner’s Request for Additional Discovery in Twitter, Inc. v. Palo Alto Research Center Inc., IPR2021-01398. The PTAB...
by John Marlott | Jan 5, 2023 | Amendment Practice, PTAB News, PTAB Trial Basics
By Sachin Patel and John Marlott – The Federal Circuit has upheld the PTAB’s relatively liberal approach to proposed claim amendments in an IPR, holding that so long as a proposed substitute claim includes an amendment made in response to an...
by Carl Kukkonen | Dec 21, 2022 | Discovery, District Court, PTAB News
By Carl Kukkonen – The PTAB in a recent PGR proceeding: SWM International, LLC et al v. DynaEnergetics Europe GmbH (PGR2021-00097), reiterated the requirements for additional discovery. In particular, in this matter, the petitioner, having access to excerpts...
by Matthew Johnson | Dec 13, 2022 | Final Written Decisions, Motions Practice, PTAB News
By Annie Scantling, Robby Breetz, Matt Johnson – A PTAB panel recently denied Linquet Technologies, Inc.’s (“Patent Owner”) motion to dismiss an IPR proceeding as moot despite a district court having already invalidated the patent because the final written...