News & Analysis as of

Patent Invalidity Affidavits

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

PTAB Strategies and Insights - October 2020: Petitioner Beware - No Cure For Missed Filing Requirements

Petitioners beware – the Board holds you to what is submitted on filing day for required documents. In Shenzhen Aurora Technology Company, Ltd. v. Putco, Inc., IPR2020-00670, “[t]he Petition relies on foreign language...more

McDermott Will & Emery

Who You Gonna Call? Inventors Survive On-Sale Heat

The US Court of Appeals for the Federal Circuit affirmed a district court finding that three patent claims were invalid under the on-sale bar but remanded two other patent claims for trial, explaining that the district court...more

Knobbe Martens

Federal Circuit Explores the Sham Affidavit Doctrine

Knobbe Martens on

QUEST INTEGRITY USA, LLC v. COKEBUSTERS USA INC. Before Dyk, Taranto, and Hughes. Appeal from the U.S. District Court for the District of Delaware. Summary: An affidavit should not be dismissed as a sham where: (1) the...more

Jones Day

PTAB Disqualifies Reference for Failure to Show Public Accessibility

Jones Day on

The PTAB’s recent final written decision denying a finding of unpatentability in ABS Global, Inc. v. Inguran, LLC, Case IPR2016-00927, Paper 33 (PTAB Oct. 2, 2017) highlights the importance of obtaining affidavit evidence to...more

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