Rosen Set Table For Design Patent Obviousness, LKQ Might Clear It
By John Evans and Josh Gold-Quiros - Big changes to design patent invalidity law may be coming. A pending IPR appeal challenges the Federal Circuit’s 40-year-old obviousness formula as inconsistent with the Supreme Court’s rejection of “a rigid rule that limits the...
PTAB Amendments May Address More Than Pending Unpatentability Grounds
By Sachin Patel and John Marlott - The Federal Circuit has upheld the PTAB's relatively liberal approach to proposed claim amendments in an IPR, holding that so long as a proposed substitute claim includes an amendment made in response to an unpatentability ground,...
Panel Denies Joinder Based On Intervening Institution
By Hannah Mehrle and Matt Johnson - The PTAB denied a request for institution and joinder because the petitioner was the petitioner in one other instituted IPR directed to the same patent, and the petitioner did not explain adequately to the PTAB why another...
PTAB Reiterates Requirements for Additional Discovery
By Carl Kukkonen - The PTAB in a recent PGR proceeding: SWM International, LLC et al v. DynaEnergetics Europe GmbH (PGR2021-00097), reiterated the requirements for additional discovery. In particular, in this matter, the petitioner, having access to excerpts from...
Invalidation Of Patent Deemed Not To Moot IPR
By Annie Scantling, Robby Breetz, Matt Johnson - A PTAB panel recently denied Linquet Technologies, Inc.’s (“Patent Owner”) motion to dismiss an IPR proceeding as moot despite a district court having already invalidated the patent because the final written decision...