Don Daybell

Don Daybell

Orrick, Herrington & Sutcliffe LLP

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In a First, Federal Circuit Reverses PTAB Claim Construction in IPR

In only its second substantive decision on an appeal of a final inter partes review (IPR) decision, the Federal Circuit in Microsoft Corp. v. Proxyconn, Inc., signaled its willingness to engage with substantive issues of...more

6/23/2015 - Appeals Broadest Reasonable Interpretation Standard Claim Construction Inter Partes Review Proceedings Microsoft Patent Litigation Patent Trial and Appeal Board Patents

PTAB Allows Petitioner to Join Its Own Previously Filed Inter Partes Review

In Target Corp. v. Destination Maternity Corp., IPR2014-00508, the Patent Trial and Appeal Board (PTAB) granted Target Corporation’s Request for Rehearing on its previously denied Motion for Joinder, and ultimately granted...more

3/2/2015 - Inter Partes Review Proceedings Joinder Patent Trial and Appeal Board Patents Target

New IPR Ruling Further Clarifies Burden on Patentees to Amend Claims

The Patent Trial and Appeal Board (PTAB) issued its second Final Written Decision in a contested case under the AIA's inter partes review process on January 7, 2014. As with the PTAB's first decision, the petitioner...more

1/16/2014 - America Invents Act Inter Partes Review Proceedings Patent Litigation Patent Reform Patent Trial and Appeal Board Prior Art

Patent Office Invalidity Ruling Trumps Court’s Validity Finding

A recent Federal Circuit ruling will likely increase the chances of obtaining a stay of a patent litigation if there is a concurrent proceeding in the Patent Office. ...more

7/15/2013 - Fresenius Patent Infringement Patent Litigation USPTO

Patent Office Issues First Decision Invalidating Patent Under New AIA Rules

The U.S. Patent & Trademark Office recently issued its first decision under the America Invents Act’s new system for reviewing the validity of patents. See SAP America, Inc. v. Versata Dev. Group, Inc., Case CBM2012-00001...more

6/14/2013 - America Invents Act Covered Business Method Patents Patent Reform Patents SAP America Inc. USPTO

USPTO Inter Partes Review Update: Scope of Discovery

In Garmin Int’l Inc. v. Cuozzo Speed Technologies, LLC, Case No. IPR2012-00001 (PTAB March 5, 2013), the USPTO recently issued its first-ever substantive ruling on a motion for additional discovery in an Inter Partes review...more

3/8/2013 - Discovery Inter Partes Review Proceedings Patents USPTO

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