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Failure to Prove “Prior” Art Results in Denial

Failure to Prove “Prior” Art Results in Denial

By Pranita Dhungana and Matt Johnson - The PTAB recently denied IPR institution in Sophos v. Open Text because the petitioner failed to show a reasonable likelihood that the asserted reference was, in fact, prior art.  IPR2023-00732, Paper 23 (November 2, 2023)....

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Another Bite?  CAFC Allows Expansion of Arguments in Reply

Another Bite? CAFC Allows Expansion of Arguments in Reply

By Evan Jones and Emily Tait - In a recent decision, the Federal Circuit found no abuse of discretion by the Board when it allowed Apple to expand its analogous art contention in its IPR reply, finding that the Board’s decision did not run afoul of the “newness” nor...

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Narrow Stipulation Results in Fintiv Denial

Narrow Stipulation Results in Fintiv Denial

By David Linden and Dave Maiorana - On March 31, 2023, Zhuhai CosMX Battery Co., Ltd. (“Zhuhai”) filed a petition for inter partes review (“IPR”) of claims of U.S. Patent No. 11,329,352 (“the ’352 Patent”), assigned to Ningde Amperex Technology Ltd. (“Amperex”).  The...

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