The PTAB and New Grounds of Unpatentability

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The Patent Trial and Appeal Board’s Precedential Opinion Panel issued its decision in Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, No. IPR2018-00600, on July 6, 2020. The decision is only the fourth precedential opinion that the panel has written. The case involves an inter partes review brought by Hunting Titan against DynaEnergetics, which owns U.S. Patent No. 9,581,422. DynaEnergetics filed a contingent motion to amend certain claims of the ?422 patent if the board held them unpatentable. In the final written decision, the board determined that all claims, including the amended claims, were unpatentable.

This article examines the panel’s decision and its potential impact on patent owners and petitioners. It concludes by exploring some trends that have emerged in the panel’s early decisions.

Originally published in Bloomberg Law - September 2020.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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