The Board’s decisions instituting inter partes review on several grounds in two petitions filed by Deere & Company provide guidance on possible ways to organize an IPR petition and identify grounds for review. Deere filed two petitions (IPR2015-00898 and -00899) against U.S. Patent No. 6,202,395 (Gramm) asserting parallel challenges based on slightly different groupings of prior art. The Patent Trial and Appeal Board instituted trial on both, offering four observations that may be helpful when preparing an IPR petition.
Continue Reading Decisions in Deere & Company v. Gramm provide tips for petitions