by Kenneth Luchesi | Dec 27, 2017 | PTAB Trial Basics
By Kenny Luchesi In 2016, the PTAB changed the limits for the length of certain filings in post grant proceedings, including petitions and responses, from limits based on the number of pages to limits based on the number of words. The USPTO stated that this change...
by Geoffrey Gavin | Nov 3, 2017 | PTAB Trial Basics
By Geoffrey Gavin In a series of recent decisions, the PTAB denied institution on a dozen petitions on related patents because of one problem it identified in the petitioner’s arguments. All of the petitioner’s proposed grounds challenged the patents under § 103, and...
by Joseph Beauchamp | Oct 4, 2017 | Final Written Decisions, PTAB Trial Basics
By Albert Liou and Joe Beauchamp The PTAB’s recent final written decision denying a finding of unpatentability in ABS Global, Inc. v. Inguran, LLC, Case IPR2016-00927, Paper 33 (PTAB Oct. 2, 2017) highlights the importance of obtaining affidavit evidence to prove...
by David Maiorana | Sep 8, 2017 | PTAB Trial Basics
By Allie Terry and Dave Maiorana As we have previously discussed (on February 1, March 1, March 30, and May 19), reliance on secondary considerations of non-obviousness has been hit or miss for patent owners trying to convince PTAB panels that the secondary...
by David Maiorana | Aug 5, 2017 | PTAB Trial Basics
By Dave Maiorana In October 2016, we posted about a Federal Circuit decision addressing whether assignor estoppel bars a party from filing an inter partes review petition. In Athena Automation Ltd. v. Husky Injection Molding Systems Ltd., the court held that it...
by Matthew Johnson | Aug 3, 2017 | PTAB Trial Basics
By Marlee Hartenstein and Matt Johnson Under 35 U.S.C. § 315(b), a petition for inter partes review (IPR) may not be filed more than one year after the date on which the petitioner was served with a patent infringement complaint. Thus, a petition must meet all of the...
