News & Analysis as of

IBM Inter Partes Review (IPR) Proceeding

Akin Gump Strauss Hauer & Feld LLP

Accused Infringer Estopped from Asserting Prior Art Disclosed in Invalidity Contentions

In an order issued on April 4, 2018, Judge Lynn granted plaintiff ZitoVault’s motion for summary judgment under 35 U.S.C. 315(e)(2), holding that defendant IBM is estopped from asserting invalidity defenses based on prior art...more

McDermott Will & Emery

Submission of Supplemental Evidence in an IPR May Be Submitted After the Due Date - International Business Machines Corp. v....

Addressing the circumstances for submitting supplemental evidence in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) allowed the petitioner to submit a responsive declaration after the due date...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - June 2015

FEDERAL CIRCUIT CASES - CAFC: If (No Factual Findings), Then (No Deference) - Two days ago, on remand from the U.S. Supreme Court, the Federal Circuit in Shire v. Watson again affirmed its reversal of the...more

McDermott Will & Emery

No Special Rules Regarding Consideration of Expert Declarations in IPR Proceedings - In re International Business Machines Corp.

McDermott Will & Emery on

In a non-precedential opinion, the U.S. Court of Appeals for the Federal Circuit declined to direct the U.S. Patent and Trademark Office (PTO) to create a particularized written standard for consideration of inter partes...more

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