District Court Awards Sanctions for False RPI Identification
By Sue Gerber and Matt Johnson - The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest. While that might seem like a mere formality, a false disclosure can lead to very harsh consequences. In a recent decision,...
PTAB Doubles Down on Interference Estoppel Issue
By Anthony Kim*, Evan Jones, and Matt Johnson - The Patent Trial and Appeal Board held all challenged claims of IGT’s patent unpatentable as obvious over two prior art patents. Zynga Inc. v. IGT, IPR2022-00199-32. In doing so, the PTAB further held that, contrary to...
Patent Owner Unable to Change Inventorship During Remand
By Hannah Mehrle and Matt Johnson - At the Inter Partes review trial, Patent Owner attempted to swear behind Petitioner’s primary prior art reference by showing that the inventors of the asserted patents had conceived of the invention before the priority date of the...
Parallel Petitions Denied
By Simon Maxwell* and Matt Johnson - On March 15, 2022, Facet Technologies, LLC (Plaintiff/Patent Owner) filed an infringement suit against LifeScan, Inc. (Defendant/Petitioner) in U.S. District Court for infringement of U.S. Patent No. 8,840,635 (the ’635 patent)....
Limitations Absent from a Notice of Allowability May be Material
By Daniel Sloan and Matt Johnson - On August 24, 2023, USPTO Director Kathi Vidal vacated a PTAB decision denying institution of inter partes review in Keysight Technologies, Inc. v. Centripetal Networks, Inc. and remanded the case for further proceedings....