by Matthew Johnson | Nov 7, 2017 | PTAB News, Trial Institution
On October 24th, the PTAB issued the following notice, designating the following decisions, which address 35 U.S.C. § 325(d), as informative. Unified Patents, Inc. v. Berman, Case IPR2016-01571 (PTAB Dec. 14, 2016) (Paper 10) In this decision, the Board denied...
by Joe Sauer | Nov 7, 2017 | 325(d) issues, PTAB News, Trial Institution
by Seth M. Bostrom and Joseph M. Sauer The Patent Trial and Appeal Board (PTAB) recently designated as informative three cases involving discretionary denial of inter partes review under 35 U.S.C. § 325(d). We previously profiled the case of Hospira, Inc. v....
by Matthew Johnson | Oct 27, 2017 | 325(d) issues, Trial Institution
By Rich Graham and Matt Johnson On October 24th, the PTAB designated three decisions related to discretionary petition denials under 35 U.S.C. § 325(d) as informative. Unified Patents, Inc. v. Berman is discussed below. We previously reported on Hospira, Inc. v....
by Cary Miller | Oct 3, 2017 | Trial Institution
By Lin Yu, Ph.D. and Cary Miller, Ph.D. In IPR2017-01054 and IPR2017-01055 (Fresenius Kabi USA, LLC v. Hospira Inc.), the PTAB denied institution of inter partes reviews of U.S. Patent Nos. 8,242,158 and 8,338,470, because Petitioner Fresenius filed the IPR petitions...
by Carl Kukkonen | Oct 2, 2017 | Claim Construction, Trial Institution
By Carl Kukkonen and Amanda Leckman On September 13, 2017, the PTAB, a five-judge panel, granted a petition to institute an inter partes review brought by HTC America, Inc. (“Petitioner”) against Virginia Innovation Sciences, Inc. (“Patent Owner”) regarding U.S....
by Joe Sauer | Aug 24, 2017 | Federal Circuit, Trial Institution
By Joseph M. Sauer The Federal Circuit’s decision in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., (Fed. Cir. No. 16-2321), expresses a growing discomfort with the Patent Office’s practice of joinder and expanded panels. Procedural History The procedural...