by Matthew Johnson | Apr 25, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics
By Jack Graves and Matt Johnson – The PTAB recently denied Trend Micro, Inc.’s (Petitioner) inter partes review petition against Open Text, Inc. and Webroot, Inc. (Patent Owners) challenging all claims of U.S. Pat. No. 8,201,243. Trend Micro, Inc. v. Open Text,...
by Matthew Johnson | Apr 19, 2024 | Federal Circuit Appeal, Prior Art Issues, PTAB News, PTAB Trial Basics
By Phil Shelton, Sue Gerber, and Matt Johnson – In a precedential opinion, the Federal Circuit reversed a Patent Trial and Appeal Board (“PTAB”) decision in holding that certain claims of the Virtek patent (U.S. Patent No. 10,052,734) were unpatentable as...
by Lisa Furby | Apr 12, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution
By Lisa Furby – In denying inter partes review in OBM, Inc. & Cholla Energy LLC v. Lancium LLC, the PTAB again made clear that “technical availability” of a reference is not enough to establish it is a printed publication. Here, the PTAB held that the...
by David Maiorana | Apr 11, 2024 | Claim Construction, PTAB News, PTAB Trial Basics, Trial Institution
By Luke Cipolla and Dave Maiorana – On March 7, 2024, the PTAB denied institution in 10x Genomics, Inc. v. President and Fellows of Harvard College, IPR2023-01299, Paper 15 (PTAB Mar. 7, 2024) (“Decision”). The PTAB denied institution on two separate grounds:...
by Josh Nightingale | Apr 5, 2024 | 325(d) issues, PTAB Trial Basics, Trial Institution
By Ashvi Patel and Josh Nightingale – Director Vidal recently vacated the Patent Trial and Appeal Board’s (PTAB) decision to deny institution of three petitions for inter partes review (IPR), citing insufficient explanation for denial under 35 U.S.C....
by Matthew Johnson | Mar 29, 2024 | Claim Construction, Final Written Decisions, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – It goes without saying that claim construction is an important issue, but the PTAB’s recent decision in Netflix, Inc. v. DIVX, LLC, IPR2020-00558, Paper 66 (PTAB Feb. 22, 2024), shows not only that reasonable minds can differ...
