News & Analysis as of

Clerical Errors Patent Trial and Appeal Board

Knobbe Martens

Unforced Error: An IPR Challenger Cannot Rely on an Error That a Posita Would Have Corrected

Knobbe Martens on

LG ELECTRONICS INC. v. IMMERVISION INC. Before Stoll, Cunningham, and Newman, Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Where a reference contains an “obvious”...more

Goodwin

PTAB Introduces Precedential Opinion Recommendation Portal

Goodwin on

As a result of feedback it received, the PTAB introduced a new web portal that allows any member of the public to nominate a decision for precedential or informative designation. The request must provide information about the...more

Akin Gump Strauss Hauer & Feld LLP

PTAB: Inadvertent Mistake in Analysis of Experimental Data that Substantially Impacts Proceeding Cannot be Corrected

The PTAB recently denied a motion to correct clerical mistakes under 37 C.F.R. § 42.104(c) because the corrections presented substantive new evidence that would have had a substantial impact on the proceedings and prejudiced...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - January 2019: Unreviewed Filing Date Notice Dooms Petition

Petitioners beware. Your Notice of Filing date needs to be reviewed immediately – and not just the notice email, because the email does not alert petitioner to defects in filing....more

Akin Gump Strauss Hauer & Feld LLP

PTAB Denies Motion to Excuse Late Filing of Exhibits to IPR Petition

The Patent Trial and Appeal Board (PTAB) has denied a petitioner’s motion to excuse the late filing of the exhibits to its petition for inter partes review (IPR). The PTAB found that the petitioner had failed to show good...more

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