Federal Circuit Confirms PTAB Standard of Review
By Carl Kukkonen and Matt Carey - The Federal Circuit in Sisvel International S.A. v. Sierra Wireless, Inc. (Fed. Cir. Sept. 1, 2023) (Prost, Reyna, and Stark) affirmed a PTAB decision finding anticipated and/or obvious certain claims of two patents directed to the...
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)....