PTAB Declines To Consider Substance Of RPI Complaint
By David Linden and Dave Maiorana - On May 27, 2022, Unified Patents, LLC (“Unified”) filed a Petition requesting inter partes review (“IPR”) of claims 1-3 and 5-25 of U.S. Patent No. 7,321,777 (“the ’777 Patent”), assigned to Speir Technologies Ltd. (“Speir”). The...
Door Closed On Petitioner Who Failed To Prove Analogous Art
By Matt Modderman,* Robby Breetz, and Matt Johnson – A PTAB panel recently denied IPR institution where one of the asserted prior art references was non-analogous and thus the POSITA would not have made the proposed § 103 combination. The Chamberlain Group, LLC v....
PTAB ‘Guiding Principles’ Favor Supplementary Declaration in ‘Close’ Case
By Emily Tait and Jack Graves* – A PTAB panel recently granted a Petitioner’s motion to submit a second expert declaration that directly addressed deficiencies identified by the PTAB’s Institution Decision. While a “close” case, the panel concluded that allowing the...
Director Vidal Orders Sua Sponte Review (Again) in OpenSky v. VLSI
By Christian Roberts and Josh Nightingale - In the latest development of OpenSky Industries v. VLSI Technology, USPTO Director Kathi Vidal has ordered sua sponte Director review of a PTAB panel’s decision on remand to institute OpenSky’s IPR challenge to a patent...
PTAB Declines To Apply Assignor Estoppel
By Ashvi Patel* and Matt Johnson - Patent Owner, C.R. Laurence Co. Inc. (CRL), filed a patent infringement suit against Petitioner, Frameless Hardware Company LLC (FHC) for infringement of U.S. Patent No. 9,074,413 (the ‘413 patent) directed to framing members for...