“Voluntary Interrogatory Responses” Excluded As Inadmissible Hearsay
By Sue Gerber and Matt Johnson - While creativity has its place in advocacy, it can be taken too far. The Petitioner learned this lesson the hard way in Unified Patents Inc. v. American Patents LLC, IPR2019-00482, Paper 132 (P.T.A.B. Aug. 3, 2022). In this IPR, the...
PTAB Institutes PGR, Denies Conditional IPR Petition
By Nicolas Aalberg,* Evan Jones, and Matt Johnson - On June 10, 2022, the PTAB in Apple Inc. v. MemoryWeb LLC denied Apple’s “conditional” IPR petition but instituted review of Apple’s concurrently-filed PGR petition, finding that MemoryWeb’s U.S. Patent No....
Library Indexing Insufficient to Establish Public Accessibility
By Carl Kukkonen - In Salesforce.com, Inc. v. WSOU Investments, LLC d/b/a Brazos Licensing and Development, the Board denied institution of inter partes review of a patent directed to providing content to a limited display terminal (e.g., a PDA) because petitioner...
USPTO Releases Study On Fintiv Denials
By Luke Cipolla*, Robby Breetz, and Josh Nightingale - The USPTO released a study in June 2022 that analyzed the prevalence of Fintiv denials occurring between January 1, 2019 and December 31, 2021. The Study focused on data illustrating how often patent owners...
IDS Initials Insufficient to Show Examiner Did Not Err
By Ibrahim Ijaz,* Evan Jones, and Matt Johnson - On July 6, 2022, a panel of three Patent Trial and Appeal Board (“PTAB”) administrative patent judges granted institution of inter partes review (“IPR”) in STMicroelectronics, Inc. v. Trustees of Purdue University. See...