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Patent Litigation › Inter Partes Review (IPR) Proceeding › Disclosure

Jones Day

“First Available” Date Alone Is Insufficient Evidence of Disclosure

Jones Day on

The Patent Trial and Appeal Board (“PTAB”) denied institution in an inter partes review (“IPR”), finding that an online store’s assertion regarding when a product was “first available” is by itself insufficient evidence of...more

Bradley Arant Boult Cummings LLP

Searching for Claim Support in a Patent Specification? You Better Blaze a Trail

Bradley Arant Boult Cummings LLP on

Last month the Federal Circuit affirmed a PTAB inter partes review (IPR) decision finding that the University of Minnesota’s patent claim directed to the anti-cancer drug sofosbuvir was not adequately supported by the written...more

McDonnell Boehnen Hulbert & Berghoff LLP

A Closer Look at Dynamic Drinkware, LLC v. National Graphics, Inc.

McDonnell Boehnen Hulbert & Berghoff LLP on

Last week, we analyzed the Federal Circuit's Dynamic Drinkware, LLC v. National Graphics, Inc. case from early September. In that case, the Federal Circuit held that an IPR petitioner did not adequately demonstrate that an...more

McDonnell Boehnen Hulbert & Berghoff LLP

Dynamic Drinkware, LLC v. National Graphics, Inc. (Fed. Cir. 2015)

McDonnell Boehnen Hulbert & Berghoff LLP on

It is well accepted that in order to establish that a patent is entitled to claim priority to a previously filed provisional application, it must be shown that the claims of the patent have written description support in the...more

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