Chris Ponder

Sheppard Mullin Richter & Hampton LLP

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Latest Posts › Patent Infringement

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Perils of Waiting: PTAB’s Precedential Opinion Panel Designates Two More Decisions Rejecting 315(b) Arguments Regarding Time Bars

In two decisions recently designated as “precedential,” the PTAB rejected two theories raised by petitioners for why the service of a complaint should not trigger Section 315(b)’s one-year time bar for filing a petition. In...more

9/17/2019 / § 315(b) , Counterclaims , Inter Partes Review (IPR) Proceeding , Patent Infringement , Patent Ownership , Patent Trial and Appeal Board , Patents , Precedential Opinion , Standing , Time-Barred Claims

Converting an IPR Loss into a District Court Win

It is very common to defend against a claim of patent infringement by litigating in the district court and the PTAB in parallel. The most straightforward-way for the defendant to win is to persuade the PTAB that the asserted...more

5/9/2019 / Inter Partes Review (IPR) Proceeding , Motion for Summary Judgment , Noninfringement , Patent Infringement , Patent Litigation , Patent Ownership , Patent Trial and Appeal Board , Patents

Failure to Launch: Not Identifying the Proper Parties Can Prematurely End an Video Game IPR Challenge

Most video game patents that are asserted in litigation are also challenged at the PTAB through IPR or PGR petitions. Patent Owners looking for new ways attack such challenges have turned to the failure to disclose...more

2/6/2019 / § 315(b) , Failure To Disclose , Inter Partes Review (IPR) Proceeding , Patent Infringement , Patent Litigation , Patent Ownership , Patent Trial and Appeal Board , Patents , Real Party in Interest , Time-Barred Claims

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