Searching Content indexed under Patent by Matthew Hartman ordered by Published Date Descending.
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Misconduct During IPR May Trigger An Award Of Attorneys' Fees In Related District Court Litigation
A magistrate judge determined that a prevailing party in a district court litigation could be entitled to an award of attorneys' fees
United States
26 Sep 2019
No Estoppel In District Court On Prior Art That Differs Substantively—And In A Manner Germane To Invalidity—From That Asserted In IPR
A Central District of California judge has clarified his prior ruling on summary judgment that estoppel under 35 U.S.C. § 315(e)(2) that applies to certain
United States
10 Sep 2019
Withdrawal Of Petitioner From IPR Proceeding All But Ensures Success In Contingent Motion To Amend
On remand from the Court of Appeals for the Federal Circuit, the Patent Trial and Appeal Board granted patent owner's motion to amend on the basis that the totality of the record
United States
22 Aug 2019
PTAB: Informal Delivery Of Complaint Does Not Start One-Year Clock For Filing IPR
A Patent Trial and Appeal Board (PTAB or Board) panel has determined that emailing a proposed amended complaint is not "service of a complaint" under 35 U.S.C. § 315(b).
United States
8 Aug 2019
PTAB Finds Good Cause For Staying Ex Parte Reexamination In Light Of Parallel IPR
A panel at the Patent Trial and Appeal Board (PTAB) recently considered whether to stay an ex parte reexamination proceeding where the patent was also the subject
United States
26 Jul 2019
Nearly Identical Petitions Fail Under Both Post-Grant Review And Inter Partes Review Standards
The Patent Trial and Appeal Board (PTAB) has denied a petitioner's request for inter partes review (IPR) finding that petitioner failed
United States
5 Jul 2019
PTAB: Reexamination Does Not Reset The One-Year Deadline For Filing A Petition For Inter Partes Review
The Patent Trial and Appeal Board has denied a Petitioner's request for institution of inter partes review (IPR) of claims that were added during ex parte reexamination because it found the IPR petitions were time-barred under § 315(b).
United States
19 Jun 2019
Federal Circuit: Skepticism Of FDA Supports Finding Of Nonobviousness And Patent Eligibility Not Within Scope Of Appeal Of An IPR
The Federal Circuit has affirmed a decision by the Patent Trial and Appeal Board finding nonobvious the claims of U.S. Patent No. 7,772,209 (the "'209 Patent"), which are directed to a method of treating cancer.
United States
21 May 2019
Failure To Seek Remand In View Of SAS Triggers IPR Estoppel Of Redundant Grounds
A recent decision from Judge Connolly in the District of Delaware provides guidance on the scope of inter partes review (IPR) estoppel.
United States
20 May 2019
PTAB: Federal Circuit's Click-To-Call Holding Applies To Statutory Bar Under 35 U.S.C. § 315(a)
The Patent Trial and Appeal Board (the "Board") vacated its institution decision and terminated an inter partes review (IPR) filed by Mylan Pharmaceuticals, Inc.
United States
30 Apr 2019
PTAB Denies IPR Institution Where Petitioner Used Same Prior Art And "Substantially Similar" Arguments
The Patent Trial and Appeal Board (PTAB or "Board") recently denied the institution of an inter partes review (IPR) petition where the Patent Office had previously considered the asserted prior art.
United States
19 Mar 2019
Bar To File IPR Triggered By Declaratory Judgment Action, Even If Complaint Was Dismissed Without Prejudice
Section 315 contains two provisions addressing time bars based on civil actions.
United States
12 Mar 2019
PTAB Has Authority To Modify Initial Institution Decision In Light Of SAS
In a recent final written decision, the Patent Trial and Appeal Board (PTAB) has determined that it was not unlawful for it to modify ...
United States
6 Feb 2019
PTAB Denies Motion To Excuse Late Filing Of Exhibits To IPR Petition
The Patent Trial and Appeal Board (PTAB) has denied a petitioner's motion to excuse the late filing of the exhibits to its petition for inter partes review (IPR).
United States
11 Jan 2019
Evidence Of Failed IPR Precluded When Validity No Longer At Issue
The parties to the lawsuit are in the business of manufacturing and selling theater rigging equipment and winch systems.
United States
20 Dec 2018
Patent Owner's Statements Made During Inter Partes Review Constitute Disclaimer, Leading To Summary Judgment Of Noninfringement
The Northern District of California granted summary judgment of noninfringement—holding that a patent owner's statements about a claim term during inter partes review (IPR) were binding in the litigation.
United States
5 Dec 2018
PTAB Denies Institution In Inter Partes Review Of Patent Challenged In Twelve Previous Petitions
The Patent Trial and Appeal Board exercised its discretionary power to deny institution in an inter partes review filed by BMW of North America, LLC seeking review of a patent that had already been challenged 12 times.
United States
22 Nov 2018
PTAB Denies Request To Cross-Examine Experts Because Declarations Were Prepared For Other Proceedings And Were Not "Critical" Evidence
In an ongoing inter partes review (IPR) proceeding, the Patent Trial and Appeal Board (the "Board") denied Petitioner Nestlé Healthcare Nutrition, Inc.'s request ...
United States
22 Nov 2018
A Domestic Industry Product Can "Exist" Under Section 337 Without Having Been Sold Before Filing A Complaint
In an order from the International Trade Commission (ITC), Administrative Law Judge Lord denied Respondents' motion for summary determination of no domestic industry because the motion was based on an incorrect...
United States
3 Oct 2018
Failing To Identify Parent Company As Real Party-In-Interest Proves Fatal To Petition For IPR
Whether a non-party should be listed as an RPI is a fact-dependent inquiry.
United States
25 Sep 2018
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