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By Carl Kukkonen –
In two recent decisions, the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR) proceedings sought by Apple Inc. against Haptic, Inc. regarding U.S.
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INFORMATIVE: Acting Director Rescinds Institution Where Claims Held Invalid in District Court Case
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By David Linden, Dave Maiorana, and Sue Gerber –
On August 22, 2024, Hulu, LLC (“Hulu”) filed two separate petitions for inter partes review (“IPR”) of U.S. Patent No. 11,463,768…
PTAB Institutes IPR Despite Concurrent Ex Parte Reexamination
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By Levent Herguner and Matt Johnson –
In Thermaltake Technology Co., Ltd. et al v. Chien-Hao Chen et al, IPR2024-01230, Paper 12 (PTAB Feb. 19, 2025), the PTAB granted the institution of…
PTAB Allows Three Concurrent IPR Petitions for Unusual Patent Claims
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By Shane Padilla and Matt Johnson –
Recently, the Patent Trial and Appeal Board (“the Board”) was persuaded to consider the merits of three out of seven concurrent petitions for an inter…
PTAB Finds Petition Time Barred
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By Dalton Earich and Matt Johnson –
In 2985 LLC d/b/a Mountain Voyage Company, LLC v. The Ridge Wallet LLC, a Patent Trial and Appeal Board (“PTAB”) panel denied inter partes review…
Expert Testimony Supporting POPR Can Be An Effective Strategy
By Sue Gerber
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Sue Gerber –
It is relatively uncommon for parties to submit expert declarations in the preliminary-response phase of an IPR proceeding, but recently the Patent Owner in Imperative Care, Inc. v.…
Federal Circuit Reverses District Court’s Application Of Collateral Estoppel
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By Zac Hardy and Matt Johnson –
Kroy IP Holdings, LLC sued Groupon, Inc., alleging infringement of 13 claims of U.S. Patent No. 6,061,660 (“’660 patent’), which relates to incentive programs over…
Provisionals’ Disclosures Must Fully Support an Issued Claim for Pre-AIA Priority
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By Ernie Oleksy and Matt Johnson –
The PTAB recently provided a pre-AIA priority analysis for reference patents in Roku, Inc. v. Anonymous Media Research Holdings, LLC, No. IPR2024-01057, Paper 10 (P.T.A.B.…
PTAB Pendulum Swings in Favor of Discretionary Denial
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By Joshua Nightingale and Daniel Sloan –
Recent developments at the USPTO suggest a significant shift in favor of the PTAB exercising discretionary denial and uncertainty on behalf of parties to PTAB…
PTAB Announces Bifurcated Process for Consideration of Discretionary Denial Issues
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By Jennifer Chheda, Yi Dulkeith, and Tova Werblowsky –
A new interim process for the Director to exercise discretion as to whether to institute an inter partes review(IPR) or a…