Patent Litigation, Trial Practice Guidance, Intellectual Property Protection

Two Many IPRs: Different References Insufficient for Parallel IPRs

Jones Day on 1/23/2025

The Patent Trial and Appeal Board (“PTAB”) recently denied institution in an inter partes review (“IPR”) where Petitioner later filed a parallel petition against the same claims of the same patent. Shenzhen Root Tech. Co.,...more

Federal Circuit Confirms PTAB Standard of Review

Jones Day on 10/31/2023

The Federal Circuit in Sisvel International S.A. v. Sierra Wireless, Inc. (Fed. Cir. Sept. 1, 2023) (Prost, Reyna, and Stark) affirmed a PTAB decision finding anticipated and/or obvious certain claims of two patents directed...more

An Insider’s Guide to Tutorial Production

IMS Legal Strategies on 3/14/2023

As the seasoned IP professional knows, a technology tutorial is a presentation submitted to the court to educate about the patent(s)-in-suit. The tutorial is the first real opportunity to visually establish a narrative for...more

Late Request Results In Denial Of Motion To Strike Authorization

Jones Day on 11/9/2021

Patent Owner (Provisur Technologies) requested authorization to file a motion to strike portions of Petitioner’s (Weber, Inc.) Reply and certain evidence submitted therewith, which Petitioner opposed. Patent Owner argued...more

PTAB Strikes Patent Owner Sur-Reply Exhibits

Jones Day on 11/4/2021

Rule 42.23(b) is clear, “A sur-reply may only respond to arguments raised in the corresponding reply and may not be accompanied by new evidence other than deposition transcripts of the cross-examination of any reply...more

IP Hot Topic: USPTO Releases a Second Update to the PTAB Trial Practice Guide

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 7/30/2019

On July 15, 2019, the USPTO released a second update to Trial Practice Guide for AIA proceedings. The 64-page update reflects some of the recent opinions that the Board has designated as precedential and includes helpful...more