Harness, Dickey & Pierce, PLC

Motion for Additional Discovery Seeking Details of Kyle Bass-led Coalition Partially Succeeds

We continue to monitor the various strategies and tactics being employed by pharma companies that have been targeted by the “Coalition for Affordable Drugs” – a group led by hedge fund manager Kyle Bass. In a recent decision,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Board Has Change of Heart On Rehearing

A request for rehearing is generally considered the IPR equivalent of an end-of-the-game Hail Mary pass, but just like in football, sometimes it works, as illustrated by the Board’s reversal of its prior decision denying review…more
| Civil Procedure, Intellectual Property

Board Disqualifies Reference As Not Meeting Requirements of 102(e)

We are reminded once again, by the Board’s decision denying review in Cisco Systems, Inc. v. Constellation Techs., LLC, IPR2014-00914, that 102(b) art is better than 102(e) art. In Cisco, Petitioner relied on a reference…more
| Civil Procedure, Intellectual Property

Lessons From the Rare Grant of an IPR Motion to Amend

Although many Patent Owners have complained about the high hurdles for amending claims in an IPR, the Board’s decision in Riverbed Technology, Inc. v. Silver Peak Systems, Inc. IPR2013-00403 shows that the requirements are not…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Board Rejects Attempt to Add Testimony to Preliminary Response

As we have discussed, the proposed PATENT Act contains provisions that alter many facets of IPR proceedings. One of those potential changes is a new ability to include affidavits or declarations of supporting evidence and…more
| Civil Procedure, Intellectual Property

PTAB vs. Federal Circuit Update

To date, the Federal Circuit has weighed in on 15 PTAB decisions from inter partes review proceedings. In 3 of the 15 decisions, the Federal Circuit has issued a substantive opinion: 1) In re Cuozzo Speed Technologies –…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Federal Circuit Reverses PTAB on IPR Decision For First Time

The Federal Circuit reversed the Patent Trial and Appeal Board for the first time today in an appeal from an inter partes review proceeding. Specifically, the Board’s decision that 8 claims were unpatentable was reversed and the…more
| Civil Procedure, Intellectual Property

Amendments to PATENT Act Proposal Takes Aim at IPR Proceedings

On Thursday, June 4, 2015, the PATENT Act made it out of committee on a 16-4 vote after amendments were made to the bill that take direct aim at inter partes review proceedings. While there is still a long way to go before this…more
| Civil Procedure, Intellectual Property

Objective Basis for Inherency Argument Must Be Contained in IPR Petition

A common strategic question in inter partes review proceedings is whether you should proceed on an anticipation ground, arguing that a specific limitation is inherently disclosed, or convert the ground into an obviousness…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Board Denies Petition For Failure to Identify All Real Parties-In-Interest

Many Patent Owners have attempted to divert IPR challenges by arguing that all real parties-in-interest were not identified in the Petition. Almost all of those efforts have failed. That is what makes Paramount Home…more
| Business Organizations, Civil Procedure, Intellectual Property

Sloppy Submissions By Patent Owner Earn PTAB Sanctions

Having a bad day? It can’t be worse than the series of errors a Patent Owner found itself in the middle of in Euro-Pro Operating LLC v. Acorne Enterprises, LLC, (IPR2014-000351 and IPR2014-00352). In those cases, a series of…more
| Civil Procedure, Intellectual Property

PTAB Decision Illustrates Advantage of Defining Terms in Specification

Given the difficulty Patent Owners are having in surviving IPR proceedings, the discussion often turns to ways in which patents can be drafted to help survive an IPR Petition. In this regard, the recent decision in Aker…more
| Civil Procedure, Intellectual Property

PTAB Finalizes “Quick Fix” Changes to IPR/PGR Procedure

The PTAB issued its revised IPR Rules today, finalizing the “quick fix” changes it forecasted in late-March. There are numerous changes that have been made to IPR practice, many of them ministerial in nature. We focus here on…more
| Civil Procedure, Intellectual Property

Doctrine of Inurement Does Not Save Design Patent in IPR Proceeding

There are precious few opportunities to be able to write about the Doctrine of Inurement in inter partes review proceedings (or otherwise, for that matter). So, we take the opportunity here to consider the doctrine, in a design…more
| Civil Procedure, Intellectual Property

PTAB Issues Subpoenas in Two IPR Proceedings

To date, the PTAB has sparingly used its power to issue subpoenas in inter partes review proceedings. In two recent cases, Marvell Semiconductor, Inc. v. Intellectual Ventures I LLC, (IPR2014-00553) and LG Chem, Ltd. v. Celgard,…more
| Civil Procedure, Intellectual Property
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