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Recent Decisions (click on a decision to view the annotation)

PTAB Digest

Dell, Inc., Hewlett-Packard Company, and NetApp, Inc. v. Electronics and Telecommunications Research Institute

The Board denied institution based on the estoppel provision of 35 U.S.C. § 315(e)(1).
PTAB Digest

Dell, Inc., Hewlett-Packard Company, and NetApp, Inc. v. Electronics and Telecommunications Research Institute

The Board denied joinder because the claims at issue would be different between the joined party and the existing party.
PTAB Digest

Conopco, Inc. dba Unilever v. The Procter & Gamble Company

Board denied petition for IPR because Petitioner had presented  “substantially the same prior art or argument” that Petitioner had presented in its earlier petition for IPR of the same patent.
PTAB Digest

Galderma S.A. and Q-Med AB v. Allergan Industrie, SAS

Board denied IPR petition because Petitioner had not named its parent companies as real parties in interest.
PTAB Digest

Atlanta Gas Light Company v. Bennett Regulator Guards, Inc.

Board denied request for rehearing after explaining that Petitioners bear the burden of proof on identifying all real parties in interest and concluding that petitioner failed to name all real parties in interest in its petition.
PTAB Digest

VMware, Inc. v. Good Technology Software, Inc.

Board held that the existence of a privy is judged at the time of filing a petition and denied petition as time barred because Petitioner's wholly owned subsidiary had been served with a complaint more than one year before the filing date.
PTAB Digest

3M Company, INC. v. Andover Healthcare, Inc.

Board granted-in-part the request for rehearing for a single claim, and then instituted review for that claim because it erred in applying a construed term to the prior art. 
PTAB Digest

3M Company, INC. v. Andover Healthcare, Inc.

Board denied-in-part this request for rehearing with respect to select claims because Petitioner failed to show how Board overlooked inherency arguments.
PTAB Digest

Power Survey, LLC v. Premier Utility Services, LLC, et al.

District court refused to reconsider a preliminary injunction even after PTAB instituted review of the allegedly infringed patents.
PTAB Digest

Jiawei Technology Ltd., et al. v. Simon Nicholas Richmond

Board granted motion to expedite Patent Owner's preliminary response in a newly-filed IPR related to a preexisting case to coordinate schedules and facilitate joinder.

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