G. Matthew McCloskey

G. Matthew McCloskey

McDermott Will & Emery

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PTAB Threatens Sanctions for Unauthorized E-mails

Samsung Electronics Co., Ltd., et al. v. Black Hills Media, LLC - Addressing a patent owner’s unauthorized e-mail arguing for additional discovery and the petitioner’s likewise unauthorized responsive e-mail, an...more

9/11/2014 - Discovery Email Patent Trial and Appeal Board Patents

The First Derivation Proceeding: Possession Not Enough: Need to Show Prior Conception of Claim Subject Matter

Catapult Innovations Pty Ltd v. Adidas AG - In denying institution for the first derivation petition considered on the merits, the Patent Trial and Appeal Board (the Board) found that the petition was fatally flawed in...more

9/9/2014 - Adidas Patent Applications Patent Litigation Patent Trial and Appeal Board Patents

First Patents Survive Inter Partes Review Fully Intact

ABB Inc. v. ROY-G-BIV Corp. - In the past several months, decisions have been rendered in the first wave of inter partes reviews filed under the American Invents Act (AIA). The early IPR decisions of the Patent Trial...more

6/13/2014 - America Invents Act Inter Partes Review Proceedings Patent Trial and Appeal Board Patents USPTO

PTAB Not a “Death Squad”—More Like a Surgeon

Xilinx, Inc. v. Intellectual Ventures I LLC; Illumina, Inc. v. Trs. of Columbia Univ.; Micron Tech., Inc. v. Bd. Of Trs. of Univ. of Ill.; CBS Interactive, Inc. v. Helferich Patent Licensing, LLC - In the final written...more

5/14/2014 - Inter Partes Review Proceedings Mobile Services Obviousness Patent Trial and Appeal Board Patents Prior Art

A Primer On Claim Amendments in Post-Grant Review

Bloomberg Inc. et al. v. Markets-Alert Pty Ltd. - In the final written decision of a covered business method (CBM) review, the Patent Trial and Appeal Board (PTAB) sided with the petitioner, canceling all claims under...more

5/14/2014 - America Invents Act Covered Business Method Patents Covered Business Method Proceedings Motion to Amend Patent Trial and Appeal Board Patents Post-Grant Review

PTAB: The Name of the Game Is the Claim

BlackBerry Corporation et al. v. MobileMedia Ideas LLC - Representing the first outcome of its kind, in the final written decision of an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB) terminated...more

5/13/2014 - Blackberry Inter Partes Review Proceedings MobileMedia Patent Trial and Appeal Board Patentability Search Patents

Pre-AIA Litigation Triggers Time Bar for Inter Partes Review - Apple Inc. v. VirnetX, Inc. and Science Applications International...

In response to a petitioner’s request for rehearing of a decision denying institution of an inter partes review (IPR) proceeding, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (Board) reiterated that...more

4/9/2014 - America Invents Act Inter Partes Review Proceedings Patent Litigation Patents

PTAB Reluctant to Exclude Evidence - Liberty Mutual Insurance Co. v. Progressive Casualty Insurance Co.

In the final written decisions of two related covered business method (CBM) patent reviews of the same patent, the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal Board (Board) sided with the petitioner,...more

4/9/2014 - Covered Business Method Patents Liberty Mutual Insurance Company Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Progressive Casualty Insurance Company

Arbitration Proceeding Do Not Trigger One-Year SOL for Inter Partes Review - Certain Computers and Computer Peripheral Devices,...

In response to a patent owner’s post-institution motion to terminate an inter partes review (IPR) proceeding, an expanded panel of the Patent Trial and Appeal Board (PTAB) gave further definition to the triggering events of...more

3/4/2014 - Arbitration Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents

Declaratory Judgment Dismissed Without Prejudice Does Not Bar Later IPR - Clio USA, Inc. v. The Procter and Gamble Company

In an institution decision by the Patent Trial and Appeal Board (Board), the Board made it clear that a prior declaratory judgment action filed by the petitioner, if voluntarily dismissed without prejudice, does not bar a...more

3/4/2014 - Dismissals Inter Partes Review Proceedings Patent Litigation Patents Proctor & Gamble

Well-Known Technology Is Not a “Substitute Fulfillment” for Patent Eligible Subject Matter - CRS Advanced Technologies, Inc. v....

In a Covered Business Method (CBM) post-issuance review, the Patent Trial and Appeal Board (PTAB) cancelled all claims under review, concluding that the challenged claims were directed to non-eligible subject matter directed...more

3/3/2014 - Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents

Covered Business Method Review Is All or Nothing - Liberty Mutual Insurance Co. v. Progressive Casualty Insurance Co.

In the final written decision of the second covered business method (CBM) patent review, the Patent Trial and Appeals Board (PTAB) cancelled all claims under review, noting that instituting a CBM review based on a...more

3/3/2014 - Covered Business Method Patents Liberty Mutual Insurance Company Patent Litigation Patent Trial and Appeal Board Patents Progressive Casualty Insurance Company

The PTAB’s User Manual for Amending Claims - Idle Free Systems, Inc. v. Bergstrom, Inc.

In what is only the second final written decision of an inter partes review (IPR), the United States Patent and Trademark Office Patent Trial and Appeals Board (Board) cancelled all claims under review, finding for petitioner...more

2/4/2014 - Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents USPTO

A Road Test of the New PTAB and a Road Map for Future IPR’s - Garmin Int’l, Inc., v. Cuozzo Speed Techs. LLC

In the final decision of the first inter partes review (IPR) (under the America Invents Act), in a proceeding that included a rejection of the patent owner’s attempt to antedate prior art using, as evidence, an inventor’s...more

1/3/2014 - America Invents Act Inter Partes Review Proceedings Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Prior Art

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