Cases

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

PTAB Digest

Google, Inc. and Apple Inc. v. Smartflash LLC

The Board held a claim indefinite because claim term lacked antecedent basis and that lack of antecedent basis introduced ambiguity into the claim because the claim was susceptible to two different, but equally plausible, interpretations.
PTAB Digest

Medtronic, Inc. v. NuVasive, Inc.

Court vacated and remanded Board's final written decision on grounds that Board did not allow Patent Owner to reply to argument Petitioner raised for first time in reply.
PTAB Digest

Apple Inc. v. Smartflash LLC

The Board declined to exclude exhibits that were not invalidating prior art or used for the Decision to Institute because they were relevant to the state of the art and thus to the Section 101 analysis.
PTAB Digest

Finjan, Inc. v. Symantec Corp.

Court granted defendant's request for additional claim construction on previously construed terms where, after Markman, Patent Owner took arguably contradictory positions during inter partes review proceedings and in other district court cases.
PTAB Digest

Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc.

The Federal Circuit denied rehearing its earlier decision that it could not review the PTAB's termination of IPR proceedings after institution where the PTAB found Petitioner failed to disclose all real parties in interest.
PTAB Digest

Shenzhen Liown Electronics Co., Ltd. v. Disney Enterprises, Inc.

Board denied Patent Owner's request for authorization to file a motion to strike portions of Petitioner's Reply related to secondary considerations of non-obviousness, that Patent Owner argued should have been addressed in Petition.
PTAB Digest

Microsoft Corp. v. Smart Skins LLC

Although videotaping depositions is not allowed by default under the Board's rules, the Board granted Patent Owner's request to videotape a deposition over Petitioner's objection where Patent Owner paid the costs associated with recording.
PTAB Digest

Coalition for Affordable Drugs II, LLC v. NPS Pharmaceuticals, Inc.

The Board found that Patent Owner hadn't shown nexus between a patented drug and the claims because it was unclear which of the patents listed in the Orange Book as covering the drug was responsible for the commercial success.
PTAB Digest

Coalition for Affordable Drugs II, LLC v. NPS Pharmaceuticals, Inc.

The Board found that orphan drug status, by itself, for a patented drug did not show that the claimed features of the drug met long-felt need.
PTAB Digest

Coalition for Affordable Drugs II, LLC v. NPS Pharmaceuticals, Inc.

The Board was not convinced by Patent Owner's arguments about unexpected results because it concluded that the supposedly unexpected results would not have been unexpected to a person of ordinary skill in the art.
PTAB Digest

Johns Manville Corporation v. Knauf Insulation, Inc.

The Board was not persuaded by Patent Owner's arguments that the prior art was not enabled because Patent Owner did not provide enough analysis or evidence to rebut the presumption that the prior art was enabled.
PTAB Digest

Plaid Technologies, Inc. v. Yodlee, Inc.

The Board determined that Petitioner has not established the challenged patent qualified for covered business method review where Patent Owner disclaimed the particular claims Petitioner cited to satisfy the financial-product-or-service requirement.
PTAB Digest

Spectrum Solutions L.L.C v. DNA Genotek Inc.

District court denied motion for preliminary injunction after concluding that institution of IPR against claims of a related patent showed that it was likely that defendant would succeed in proving asserted patent invalid. 
PTAB Digest

Palo Alto Networks, Inc. v. Finjan, Inc.

The Board found that Patent Owner who responded to Petitioner's use of declaration filed by PO president in unrelated proceeding by citing President's declaration as evidence in its Response was required to make president available for deposition.
PTAB Digest

Parthenon Unified Memory Architecture LLC v. Apple Inc.

District court severed and stayed claims related to patents subject to instituted IPR proceedings, allowing other claims relating to patents not subject to IPR to proceed to trial.
PTAB Digest

Coalition for Affordable Drugs II LLC v. Cosmo Technologies Ltd.

Board found that Petitioner had not shown a POSA would have found it obvious to combine teachings from two references.
PTAB Digest

Great West Casualty Company v. Intellectual Ventures II LLC

Board denied Petitioner's request to strike Patent Owner's demonstratives as containing new arguments because the demonstratives did not constitute "egregious" violations of the rules against introducing new arguments.

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