Searching Content indexed under Trials & Appeals & Compensation 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
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
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
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
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
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
PTAB Rejects Previously Presented Arguments, Gives Examiner Deference, And Denies IPR Institution
On June 28, 2018, the Patent Trial and Appeal Board (PTAB) declined to institute inter partes review of a patent based on two invalidity grounds because the panel determined that the primary arguments
United States
6 Aug 2018
Lift Of Stay Disallowed By District Court Post-SAS In View Of PTAB's Final Written Decision Lacking Non-Instituted Claims
The Delaware District Court issued an order on June 7, 2018 denying a party's motion to lift a stay following the Patent Trial and Appeal Board's (PTAB) ...
United States
4 Jul 2018
References Introduced During IPR Proceeding Not Necessarily New Evidence To Which Patent Owner Had No Opportunity To Respond
Austin teaches the use of oxaboroles as fungicides and discloses that tavaborole inhibits a variety of fungi, including C. albicans.
United States
4 Jun 2018
Federal Circuit Affirms PTAB Decision Holding IPRs Were Not Time-Barred
The Federal Circuit recently upheld a decision by the Patent Trial and Appeal Board which found that inter partes review proceedings challenging patents related to marine seismic survey systems were not time-barred.
United States
4 Jun 2018
District Court Holds That Distributor Relationships Alone Do Not Establish Venue
A federal district court in the Southern District of Texas recently addressed venue issues relating to supplier-distributor relationships.
United States
4 May 2018
Swapping Order Of References In Non-Instituted Obviousness Combination Does Not Alter Scope Of IPR Estoppel
Judge Richard Andrews held that, "for the combinations that Defendant tried to raise in the IPR, but which the PT AB did not institute, Defendant may pursue the combinations at trial.
United States
27 Apr 2018
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