686 articles · page 52 of 58
Written by Benjamin Anger and Vikas Bhargava In a final written decision in Duncan Parking Tech., Inc. v. IPS Group Inc., IPR2016-00067, Paper 29 (P.TA.B. Mar. 27, 2017), the PTAB evaluated whether a prior art reference alleged to anticipate the challenged…
Written by Scott Raevsky and David Schmidt, Ph.D. The PTAB issued an order applying collateral estoppel to determine that one purported owner of U.S. Patent 7,215,752 and U.S. Patent 7,844,041 (the “challenged patents”) had no authority to act…
Preliminary Responses Accompanied by Declaration Evidence: Updated Results Back on May 1st, the Patent Trial & Appeal Board (PTAB) began to accept new testimonial evidence with patentee preliminary responses . The PTAB implemented this change to address…
How Long is the Rehearing Wait? A Petition for Rehearing may be filed in an AIA Trial Proceeding to challenge an Institution Decisions (ID) or a Final Written Decision (FWD) of the Patent Trial & Appeal Board (PTAB). Of course, a successful Petition for…
Written by Linda Xu and Kerry S. Taylor, Ph.D. The PTAB issued a Final Written Decision finding that Biogen’s patent on treating Multiple Sclerosis (“MS”) with a certain dose amount was not obvious because the clinical efficacy exhibited…
Written by Scott Raevsky and Mark Rubinshtein , Ph.D. The Patent Trial and Appeal Board issued concurrent final written decisions upholding the validity of all challenged claims of U.S. Patent No. 8,141,154 in Palo Alto Networks, Inc. v. Finjan. Inc.…
Written by Peter Heuser, Schwabe Williamson & Wyatt In Nidec v. Zhongshan , the panel reverses a determination of anticipation, noting that the Circuit’s Kennametal case does not stand for the proposition that anticipation can be found even when a…
Written by Daniel K. Yarbrough, Ph.D. and Kerry S. Taylor, Ph.D. Bevacizumab (Avastin®) is the subject of the widely watched “patent dance” dispute between Genentech and Amgen regarding Amgen’s proposed biosimilar. Hospira, however,…
Written by Damien Howard and Nathanael Luman, Ph.D. The Patent Trial and Appeal Board (“PTAB”) invoked its discretion under 35 U.S.C. § 325(d) to deny Toyota’s IPR petition against Adaptive Headlamp’s U.S. Patent No. 7,241,034…
Written by Chang Lim and Lincoln S. Essig The Federal Circuit recently clarified what patents are subject to the Transitional Program for Covered Business Method Patents, or CBM review, in Secure Axcess, LLC v. PNC Bank National Association . [ 1 ] In…
Couple of weeks ago we reported that Zond ranked first among patent owners with 125 IPR challenges filed against 10 of its patents. This week we delved into the claim-level analysis of these IPR cases. A total of 371 unique claims had been challenged, and…
Written by Casey D. Donahoe, Ph.D. and Kerry S. Taylor, Ph.D. The Patent Trial and Appeal Board granted a rare request for rehearing of its earlier decision denying institution of an asserted anticipation ground in Asustek Computer, Inc. v. Avago…
