Harness, Dickey & Pierce, PLC

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Troy, MI 48098, United States

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Stay of Reissue Lifted Up Final Written Decision

In Hewlett-Packard Company v. MCM Portfolio LLC, IPR2013-00217, Paper 32 (September 12, 2014), after the issuance of its Final Written Decision..…more
| Civil Procedure, Intellectual Property

Arguments in Claim Charts Continue to Plague Petitions

In Google Inc. v. Visual Real Estate, Inc., IPR2014-01338, Paper 3 (September 2, 2014), the Board according the petition a filing date, but objected to the claim chart, because they contained arguments…more
| Civil Procedure, Intellectual Property

Patent Filings, Institution Decisions and Dispositions for September 12, 2014

Institution Decisions In Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2014-00736, Paper 10 (September 12, 2014), the Board instituted inter partes review of claims 1–7 of U.S. Patent No. 6,676,446…more
| Civil Procedure, Intellectual Property

Patent Filings, Institution Decisions, and Dispositions for September 11, 2014

Institution Decisions - In Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., IPR2014-00488, Paper 17 (September 11, 2014), the Board instituted inter partes review of claims 1–9 of U.S. Patent No. 7,769,605 (“all of…more
| Civil Procedure, Intellectual Property

Patent Filings on September 10, 2014

Motorola Mobility LLC v. Intellectual Ventures I LLC, IPR2014-00500, Paper 12 (September 10, 2014) instituted inter partes review of claims 1, 4–6, 8, 10, 13–15, 17, 21, 24–26, 28, 30, 33–35, 37, 39, and 40 of U.S. Patent No…more
| Civil Procedure, Intellectual Property

Despite Lack of Familiarity with Specific Technology-at-Issue, Industry Expert Not Excluded

The Board continued its reluctance to exclude evidence in inter partes review proceedings in Primera Technology, Inc., v. Automatic Manufacturing Systems, Inc., Final Written Decision, IPR2013-00196 by denying a motion to…more
| Administrative Law, Intellectual Property

Another Requirement to a Successful Motion to Amend Claims

It is getting hard to keep track of all the hoops and hurdles that need to be navigated in bringing a successful motion to amend in an inter partes review proceeding. Each new decision seemingly raises the bar further. The…more
| Administrative Law, Intellectual Property

Board Consolidates IPR’s of Two Different (But Related) Patents

In FLIR Systems, Inc. v. Leak Surveys, Inc., IPR2014-00411, Paper 10 (September 5, 2014), the Board consolited two inter partes reviews directed to different but related patents. In IPR2014-00411 inter partes review was…more
| Intellectual Property

No Right to Cross-Examine a Declarant Not Under the Proponent’s Control

In Mexichem Amanco Holding S.A. de C.V. v.Honeywell International, Inc., IPR2013-00576, Paper 36 (September 5, 2014), the Board denied patent owner’s request for additional discovery – the deposition of Dr. Takashi Shibanuma,…more
| Administrative Law, Civil Procedure, Intellectual Property

Garmin Factors Continue to Keep Additional Discovery Out of Reach

In Intri-Plex Technologies, Inc. v. Saint-Gobain Performance Plastics Rencol, Limited, IPR2013-00309, Paper (September 4, 2014), petitioner sought (1) detailed sales records of the products covered and not-covered by the patent,…more
| Administrative Law, Intellectual Property

Patent Filings, Decisions, Dispositions and Rehearings on September 6, 2015

New Filings - Microsoft Corporation filed IPR2014-01457 challenging claims 6, 13, 14, 15, 16, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 41, 46, 82, 83, 84, 85, and 86 of U.S. Patent No. 8,144,182 assigned to…more
| Intellectual Property

Late Addition of a Real-Party-in-Interest Allowed in Inter Partes Review

What if you come up short in naming all of the real-parties-in-interest to an inter partes review proceeding? Will the Board allow you to amend your petition? Four related IPR proceedings required the Board to address this…more
| Civil Procedure, Intellectual Property

Patent Filings, Decisions, Dispositions and Rehearings on September 5, 2014

Institution Decisions - FLIR Systems, Inc. v. Leak Surveys, Inc., IPR2014-00411 , Paper 8 (September 5, 2014), the Board instituted inter partes review of claims 1-58 (all of the claims) of U.S. Patent No. 8,426,813…more
| Intellectual Property

No Surprises At Hearing; Demonstratives Must Only Contain Evidence of Record

In TriVascular, Inc. v. Shaun Samuels, IPR2013-00493, Paper 39 (September 2, 2014) the Board sustained a number of objections to the patent owner’s demonstrative exhibits…more
| Civil Procedure, Intellectual Property

Second Petition Seeking Post Grant Review is Filed

Finally, the “PGR” portion of this site is starting to gain some momentum as Accord Healthcare brought the second ever Post Grant Review Petition. Accord Healthcare, Inc. v. Helsinn Healthcare S.A., et al., IPR2014-00010. …more
| Civil Procedure, Intellectual Property
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