In Redline Detection, LLC v Star Envirotech, Inc., the Federal Circuit affirmed a PTAB final written decision that the petitioner failed to show that the challenged claims were obvious, and upholding the PTAB’s decision denying the petitioner’s motion to submit an expert declaration as supplemental evidence, after the PTAB instituted the IPR.… Continue Reading
In the first full reversal of a PTAB IPR decision, the Federal Circuit reversed the PTAB’s ruling in Straight Path IP Group, Inc. v. Sipnet EU S.R.O, on the basis that the PTAB incorrectly construed the claim term “is,” in claims directed to a computer program for online communications. … Continue Reading
Final written decisions, IPR2014-00781, IPR2014-01086, IPR2014-00821, IPR2004-00580, IPR2014-00802, for IPRs of several patents owned by Zond, LLC, which include rare dissenting opinions, illustrate different views of APJs concerning the requirements for establishing that a reference is a printed publication under 35 U.S.C. § 102(b). These decisions provide helpful guidance on how to address references whose … Continue Reading
As reported earlier, the Federal Circuit recently affirmed the PTAB’s final written decision in SAP v. Versata, No. 2014-1194 (Fed. Cir. 2015), its first final written decision in a CBM review. As part of that decision, the Court determined that it had jurisdiction to determine whether the patent at issue was a “covered business method … Continue Reading
The PTAB denied a Petitioner’s request for authorization to file a motion to terminate an IPR without a final written decision, made only two months after the Board issued a decision instituting the IPR. Masterimage 3D, Inc. v. Reald Inc., Case IPR2015-00035, Paper No. 30 (June 25, 2015). After institution of an IPR but before … Continue Reading
Following oral argument in an appeal of an IPR in which the PTAB canceled a number of challenged claims and denied the Patent Owner’s motions to amend, the Federal Circuit requested additional briefing from the parties and the Director of the USPTO (Intervenor), concerning interpretation of the PTAB rule for filing motions to amend during … Continue Reading
On May 27, 2015, the Board issued a final written decision in Organik Kimya AS v. Rohm & Hass Co., IPR2014-00185, confirming the patentability of all challenged claims of U.S. Patent No. 6,020,435. The ‘435 patent is directed to a chemical process for preparing low-density “hollow” or “voided” multi-stage emulsion polymers used in coating compositions … Continue Reading
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