News & Analysis as of

New Evidence Inter Partes Review (IPR) Proceeding

Knobbe Martens

New Arguments Presented for the First Time During PTAB Oral Hearings Are Not Always Waived

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THE CHAMBERLAIN GROUP, INC. v. ONE WORLD TECHNOLOGIES, INC. Before Dyk, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: New arguments may be raised during PTAB oral hearings so long as they...more

Bass, Berry & Sims PLC

Eight America-Invents-Act Trial Decisions Designated either Precedential or Informative in Past Six Weeks

Bass, Berry & Sims PLC on

Practitioners have long sought more predictability and uniformity at the Patent Trial and Appeal Board (PTAB), and it now appears the United States Patent and Trademark Office (USPTO) is taking that issue head on. On...more

Jones Day

Precedential: Live Testimony Not Permitted Absent Prior Declaration

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In a recent decision that the PTAB designated as precedential, the Board denied a patent owner’s request to provide live testimony from the inventor of the challenged patent at the oral hearing. In DePuy Synthes Products,...more

Jones Day

Precedential Opinion Provides Factors For Deciding Whether To Allow Live Testimony

Jones Day on

Generally, the PTAB does not allow live testimony at oral argument, but recently it designated one of its 2014 decisions as precedential to give guidance as to when the Board will allow live testimony at oral argument. K-40...more

Mintz - Intellectual Property Viewpoints

Updates to the PTAB Trial Practice Guide Memorialize Current Practices While Leveling the Playing Field for Patent Owners

The Patent Trial and Appeal Board (PTAB) issued an August 2018 update to the American Invents Act Trial Practice Guide (the “Updated TPG”). The Updated TPG incorporates the PTAB’s current practices and provides further...more

Knobbe Martens

Anacor Pharmaceuticals, Inc. v. Iancu

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Federal Circuit Summaries - Before Reyna, Bryson, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A petitioner in an Inter Partes Review may introduce new evidence not included in its petition if: 1)...more

Knobbe Martens

Dell Inc. v. Acceleron, LLC

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Federal Circuit Summaries - Before Moore, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A party in an inter partes review proceeding may not present new evidence or arguments at oral...more

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