Matthew Cutler

Matthew Cutler

Harness, Dickey & Pierce, PLC

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Successfully Defends Another Patent in Inter Partes Review

The news has been dreary, to date, for Patent Owners in Inter Partes Review proceedings. In view of that environment, we are proud to announce that Harness Dickey has successfully defended a second patent in an IPR...more

3/28/2014 - Inter Partes Review Proceedings Patent Litigation Patents

More PTAB Motion to Amend Guidance in Inter Partes Reviews

In view of the continued denial of Motions to Amend in inter partes review practice (no motions have been granted to date), it is worth noting a recent decision, from well-respected Judge Jameson Lee, that provides...more

3/14/2014

Four More IPR Final Written Decisions Go Against Patent Owners

On Monday, March 10th, the PTAB issued four additional Final Written Decisions, each of which resulting in total victory for the Petitioner. The first three were all related - Micron Tech., Inc. v. Board of Trustees of the...more

3/12/2014 - Inter Partes Review Proceedings Patent Litigation Patent Ownership Patents

Trio of Final Written Decisions Go Against Patent Owner

Early results of Inter Partes Review proceedings continue to favor Petitioners as all challenged claims in a threesome of Columbia University patents have been cancelled by the PTAB in Illumina, Inc. v. The Trustees of...more

3/10/2014 - Patent Litigation Patent Ownership Patent Trial and Appeal Board Patents

Communications Between Experts Discoverable in Inter Partes Review

Given the rarity of a granted Motion for Additional Discovery, it is worth noting the circumstances of the Board’s decision in Apple Inc. v. Achates Reference Pub., Inc., IPR2013-00080; -00081 (Paper 58), wherein an exchange...more

3/5/2014 - Discovery Electronic Communications Email Inter Partes Review Proceedings Patent Litigation Patents

Joinder in Inter Partes Review Proceedings Takes Shape

To date, three distinct scenarios relating to joinder have been presented to the Board, each demonstrating inter partes review strategies being employed by Petitioners, as well as the Board’s willingness to join proceedings...more

3/4/2014 - Inter Partes Review Proceedings Joinder paten Patent Litigation

Another Motion to Amend Denied in IPR Final Written Decision

While Patent Owners have finally succeeded in having claims survive an inter partes review proceeding, no Patent Owner has yet to find the magic formula that successfully navigates a motion to amend. In a Final Written...more

2/28/2014 - Inter Partes Review Proceedings Patent Litigation Patents

First Claims Survive Inter Partes Review Proceedings

Patent Owners finally received some good news after a string of pro-Petitioner rulings by the PTAB that saw all challenged claims wiped out in the first 8 Final Written Decisions by the Board. In Microsoft Corp. v....more

2/27/2014 - Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents

Motorola Mobility Takes Down Another Patent Via Inter Partes Review

The early promise of the potential of inter partes review proceedings for patent challengers is proving out, as another petition results in the unpatentability of all challenged claims in Motorola Mobility LLC v. Arnouse...more

2/26/2014 - Inter Partes Review Proceedings Motorola Patent Litigation Patents

Quartet of Final Inter Partes Review Decisions Go Against Patent Owner

The tide of inter partes review proceedings continues to batter Patent Owners, as the PTAB issued four decisions in cases brought by Intellectual Ventures against Xilinx, rendering all challenged claims at issue unpatentable....more

2/25/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Dell Ends Up With a Mixed Bag of Results in 2 IPR Petitions Filed Against Acceleron

In two separate challenges of a single patent, Dell had lukewarm success with 23 claims being placed in an inter partes review trial, but three claims and multiple grounds also denied by the Board in Dell, Inc. v. Acceleron,...more

2/6/2014 - Acceleron Dell Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents

Board Will Not Fill In Evidentiary Gaps in Inter Partes Review Petition

In a victory for Patent Owner, Zerto was unable to get any of 13 challenged claims of an EMC Israel Development Center patent into a trial for inter partes review, in Zerto, Inc. v. EMC Israel Development Center, Ltd.,...more

2/5/2014 - Evidence Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Ownership Patents

Fifteen Months of Inter Partes Review…By the Numbers

A bit delayed by the holidays, Harness Dickey’s latest report on trends and statistics in inter partes review proceedings can be accessed here. We note a couple key trends from the data. First, the popularity of IPR...more

1/20/2014 - Inter Partes Review Proceedings Patent Litigation Patents

Second Inter Partes Review Final Written Decision – Second Patent Goes Down

In a case most notable for a decision restricting a patent owner’s ability to amend claims in inter partes review proceedings, the Board issued its second ever Final Written Decision, rendering all claims at issue in the IPR...more

1/16/2014 - Claim Construction Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents

Incorporation by Reference Not Allowed in Inter Partes Review

Given the Board’s repeated admonitions regarding the speed and efficiency of inter partes review proceedings, it comes as no surprise that the Board has consistently rendered decisions that strengthen and reinforce the strict...more

1/14/2014 - Incorporation by Reference Inter Partes Review Proceedings Patent Ownership

IPR Petition Must Be Filed Within One Year of First Infringement Complaint Filed by Patent Owner

In a speedy dismissal of Patent Challenger’s arguments, Accord Healthcare was deemed time-barred from bringing an inter partes review, in a case styled as Accord Healthcare, Inc., USA v. Eli Lilly & Co. (IPR2013-00356),...more

1/13/2014 - Eli Lilly Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Oppositions Pharmaceutical Patents

Inherency Argument Comes Up Short in Inter Partes Review Petition

Despite having multiple grounds denied, Becton, Dickinson and Company was able to get 8 challenged claims of a One Stockduq Holdings patent into a trial for inter partes review, in a case styled as Becton, Dickinson and Co....more

1/9/2014 - Inherently Distinctive Inter Partes Review Proceedings Medical Devices Patents Prior Art

Preliminary Response that Addresses the Merits of Petition Again Fails in Grant of IPR Trials

Time and again, Patent Owner arguments on the merits in Preliminary Responses have been smothered by expert testimony and other evidence that is allowed with a petition. As such, as IPR practice has evolved, more and more...more

1/8/2014 - Patent Applications Patent Litigation Patent Ownership Patents Technology

Communications Between Experts not “Routine” Discovery in Inter Partes Review Proceedings

The Board’s views on the metes and bounds of discovery in inter partes review proceedings continue to take shape with each new decision. In Apple, Inc. v. Achates Reference Publishing, Inc., IPR2013-00080 and 00081 (Paper...more

1/7/2014 - Discovery Expert Witness Inter Partes Review Proceedings Patent Litigation

6 Reasons Inter Partes Review Was Popular in 2013

A look back on 2013 reveals that one reform enacted under the America Invents Act – Patent Office Litigation – has perhaps had the most immediate and dramatic impact. While many predicted that Inter Partes Review (IPR)...more

12/19/2013 - America Invents Act Claim Construction Discovery Inter Partes Review Proceedings Patent Reform Patents Prior Art

Hindsight and Teaching Away Arguments Fall Short in Decision to Initiate IPR Trial

In a short decision, Fellowes was able to get 16 challenged claims of a Speculative Product Design patent into a trial for inter partes review, in a case styled as Fellowes, Inc. v. Speculative Product Design, LLC...more

12/13/2013 - Claim Construction Inter Partes Review Proceedings Mobile Devices Obviousness Patents Prior Art

Board Adopts Claim Construction that is Even Broader than that Proposed by Petitioner

In two challenges of the same patent, Nuvasive was able to get a total of 30 challenged claims of a Warsaw Orthopedic patent into separate trials for inter partes review, in cases styled as NuVasive, Inc. v. Warsaw...more

12/13/2013 - Claim Construction Infringement Inter Partes Review Proceedings Medical Devices Patents Prior Art

Attorney Argument in Preliminary Response Continues to be Trumped by Expert Evidence from Petition

Challenging two patents with a common parent application, Butamax Advanced Biofuels was able to get 28 challenged claims of one Gevo patent and 18 challenged claims of a second into separate trials for inter partes review, in...more

12/11/2013 - Evidence Expert Testimony Expert Witness Patent Infringement Patent Litigation Patents

Board Agrees that Petition Failed to Set Forth Relevant Claim Construction, But Finds Error Harmless

Challenging a patent previously challenged in another inter partes review (IPR2013-00092), Avaya convinced the Board that claims 6 and 9 of a Network-1 Security Solutions patent should be placed into a trial for inter partes...more

12/11/2013 - Cisco Claim Construction Federal Rules of Civil Procedure Inter Partes Review Proceedings Patent Litigation Patents

Board Gives No Weight to Previous Examiner and District Court Decisions that Prior Art Was Antedated

The Board continued its record of taking a fresh look at old records in placing 10 challenged claims of an Escort patent into a trial for inter partes review in a case styled as K-40 Electronics v. Escort, Inc....more

12/4/2013 - GPS Patent Litigation Patent Trial and Appeal Board Patents

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