On December 11, 2019, the PTAB designated two additional decisions as “informative.” Such informative decisions are not binding on subsequent panels, but are meant to provide guidance on recurring issues encountered by PTAB...more
1/9/2020
/ Burden of Proof ,
Combined References ,
Evidentiary Standards ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
POSITA ,
Post-Grant Review ,
Prior Art
A preliminary decision in the District Court of Delaware introduces the possibility that a patentee’s victory on assignor estoppel in the district court could quash a co-pending IPR proceeding at the PTAB. Assignor estoppel...more
1/23/2019
/ Appeals ,
Assignment of Inventions ,
Assignor Estoppel ,
Concurrent Litigation ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Inventors ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Summary Judgment
In Solutran, Inc. v. U.S. Bancorp & Elavon, Inc., No. 13:cv-02637, 2018 WL 1276999 (D. Minn. Mar. 12, 2018), the court denied the plaintiff’s Motion in Limine and held that CBM estoppel does not apply to related applications...more
4/17/2018
/ Covered Business Method Proceedings ,
Estoppel ,
Final Written Decisions ,
Motions in Limine ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Subsequent Litigation
The Federal Circuit vacated and remanded the PTAB’s final written decision holding that claims directed to steel making methods were obvious in Rovalma, S.A. v. Bohler-Edelstahl GmbH & Co. KG, No. 2016-2233 (Fed. Cir. May 11,...more
In a Final Written Decision in Johns Manville Corp. v. Knauf Insulation, Inc., IPR2016-00130, Paper 35 (P.T.A.B. May 8, 2017), the PTAB found that petitioner Johns Manville (JM) was not estopped from raising its own company...more
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 patent under...more
4/4/2017
/ Anticipation ,
Anticipatory Reference ,
Burden of Persuasion ,
Burden of Production ,
Declaration ,
Final Written Decisions ,
Inventors ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Rebuttable Presumptions