Searching Content indexed under Patent by David Cochran ordered by Published Date Descending.
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325(d) And Printed Publication Issues Doom Petition
The most persuasive IPR petitions offer fresh unpatentability theories never considered before.
United States
12 Sep 2019
Federal Agencies May Not Challenge Patents In AIA Post-Issuance Proceedings
The Supreme Court ruled in Return Mail that a federal agency is not a "person" who may challenge an issued patent in inter partes review, post-grant review, or CBM review under the AIA.
United States
18 Jun 2019
Reexamination Does Not Reset The IPR Clock
In Apple v. IXI IP, the PTAB affirmed that the issuance of a reexamination certificate adding additional claims to a challenged patent does not reset the one-year time bar under § 315(b) to file a petition for inter partes review.
United States
11 Jun 2019
PTAB's Busy Docket And What's Changed After SAS Institute
PTAB's Busy Docket And What's Changed After SAS Institute.
United States
10 May 2019
Jones Day Talks: PTAB's Busy Docket And What's Changed After SAS Institute
Jones Day's Dave Cochran and Matt Johnson discuss recent developments in patent litigation and appeals, including the continuing importance of the PTAB as a jurisdiction of first choice for patent disputes in the United States, ...
United States
9 May 2019
Precedential Opinion Panel On Printed Publications
Hulu, had not proven that the reference was a printed publication.
United States
22 Apr 2019
After SAS Institute: A Shift In Patent Litigation Strategies
A Shift in Patent Litigation Strategies.
United States
6 Dec 2018
Indefiniteness Again Leads To Unsuccessful IPR Challenge
The PTAB may institute IPR proceedings only on the basis of certain prior art that is potentially invalidating under § 102 (novelty) or § 103 (obviousness).
United States
23 Oct 2018
Petitioner's Reply May Expand Presented Arguments And Address New Claim Constructions
On August 27, 2018, the Federal Circuit vacated and remanded the PTAB's finding that claims 1-3, 6-9, and 12-14 of U.S. Patent No. 5,602,831 ("the '831 Patent") are not unpatentable under 35 U.S.C.
United States
7 Sep 2018
Claim Constructions Under The Broadest Reasonable Interpretation Standard Must Be Reasonable
On July 13, 2018, the Federal Circuit reversed the PTAB's finding that claims 1-5 and 11 of U.S. Patent No. 8,651,118 ("the '118 Patent") are anticipated by U.S. Patent No. 4,148,330 ("Gnaga") ...
United States
27 Jul 2018
SAS Institute Inc. v. Iancu: A Game-Changer For Patent Litigation And A Check On Government Agency Overreach
In a Supreme Court matter argued on behalf of software developer SAS Institute Inc., Jones Day successfully challenged part of how the U.S. Patent Office's Patent Trial and Appeals Board conducts its inter partes...
United States
9 Jul 2018
Winner's Playbook: Behind The Scenes Of The SAS Case
On April 24, 2018, in SAS Institute Inc. v. Iancu, a closely divided U.S. Supreme Court fundamentally changed the way that the Patent Trial and Appeal Board confronts inter partes reviews under the America Invents Act.
United States
3 Jul 2018
Use Caution When Considering Multiple IPRs Against A Single Patent
The recent PTAB order in IPR2017-01427 is a cautionary tale for petitioners considering multiple IPRs against a single patent.
United States
25 Jun 2018
No Genuine Issue Of Fact Where Petitioner's Claim Construction Is Wrong
The PTAB's recent decision denying rehearing in United Microelectronics Corp. v. Lone Star Silicon Innovations LLC, IPR2017-01513, Paper 10 sheds light on the Board's practice under 37 C.F.R. 42.108(c)...
United States
30 May 2018
Not So Secondary: Overcoming Obviousness With Objective Indicia
On April 2, 2018, the PTAB issued a final written decision in Fox Factory finding that the petitioner failed to carry its burden in showing the instituted claims were unpatentable as obvious.
United States
16 Apr 2018
Unsupported Assertions: Expert's Persuasive Authority Suffers Without Directly Engaging Claim Limitations
An expert asserting that a patent claim reciting different features than the prior art is nonetheless "equivalent" to the prior art must address and account for the recited limitations head-on, or otherwise lose persuasive authority.
United States
21 Feb 2018
Anticipation Requires More Than A Reference That Discloses All The Elements
In Microsoft Corp. v. Biscotti, Inc., Nos. 2016-2080, -2082, -2083, 2017 WL 6613262 (Fed. Cir. Dec. 28, 2017)...
United States
16 Jan 2018
En Banc Federal Circuit Majority Rules Time-Bar Determinations By PTAB Are Appealable
In yesterday's en banc decision in Wi-Fi One v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), the en banc Federal Circuit addressed issues regarding judicial review ...
United States
11 Jan 2018
PTAB Recognizes Limits To Eleventh Amendment Sovereign Immunity
In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity ...
United States
11 Jan 2018
SAS Institute Argues Before Supreme Court Against PTAB's Partial-Decision Practice
In a closely followed case before the U.S. Supreme Court on behalf of SAS Institute Inc., a cross-office, cross-practice Jones Day team has challenged the PTAB's practice to elect to institute IPR proceedings on some, ...
United States
6 Dec 2017
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