Cases

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

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

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

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.
PTAB Digest

Apple Inc. v. Ameranth, Inc.

The Board denied institution because Patent Owner had not alleged infringement or filed suit and Petitioner failed to establish that the claims of the petitioned patent were sufficiently similar to claims of other patents asserted against petitioner.
PTAB Digest

Brunswick Corp. and SeaRay Boats, Inc. v. Cobalt Boats, LLC

Board denied a motion to amend because Patent Owner bore burden of proof and failed to explain in its motion to amend (as opposed to its Response) why a prior art reference was not analogous art.
PTAB Digest

International Business Machines Corporation v. Intellectual Ventures II LLC

Board found that two declarations, database record, and letter evidence failed to show that a prior art dissertation was published because the evidence failed to show that the dissertation was reasonably accessible to the interested public.
PTAB Digest

Duncan Parking Technologies, Inc. v. IPS Group Inc.

Board denied Petitioner's motion for additional discovery of documents produced under a protective order in related district court litigation because Petitioner had not sought leave from the district court that had imposed protective order.
PTAB Digest

Ford Motor Co. v. Paice LLC & The Abell Foundation, Inc.

Board found that Petitioner was estopped from maintaining IPR challenge based on prior art that it reasonably could have raised in a previous IPR.
PTAB Digest

MotivePower, Inc. v. Cutsforth, Inc.

The Board determined 2 of 24 instituted claims were not rendered obvious because Petitioner did not provide sufficient reasoned analysis and evidentiary support to show the relocation of a spring was simply an obvious “design choice.”
PTAB Digest

MotivePower, Inc. v. Cutsforth, Inc.

The Board determine the record evidence supporting a conclusion of obviousness outweighed the minimal objective indicia of nonobviousness presented by Patent Owner.
PTAB Digest

Medtronic, Inc. v. Mark A. Barry

Board denied Patent Owner's motion for a certificate of correction because Patent Owner waited too long to seek correction and failed to show that the error sought to be corrected had been made in good faith. 
PTAB Digest

Solenis LLC v. Ecolab, USA

The Board authorized Patent Owner to file a motion to strike Petitioner's expert's declaration and disqualify the expert based on a preliminary showing that the expert possessed the Patent Owner's confidential information.
PTAB Digest

Sony Corporation v. Cascades Projection LLC

The Board's rules do not allow correction of deposition testimony, but the Board granted Petitioner's request to file deposition errata and signature page because they did not contain substantive changes.
PTAB Digest

Telebrands Corporation v. Tinnus Enterprises, LLC

The Board denied Petitioner's request for authorization to file a motion to suspend prosecution of co-pending applications related to the patent subject to post-grant review because it concluded that it did not have jurisdiction over related patents.
PTAB Digest

Apple, Inc., et al. v. Ameranth, Inc.

The Board refused to consider standing arguments that Patent Owner attempted to incorporate by reference from its Preliminary Response.
PTAB Digest

Instradent USA, Inc. v. Nobel Biocare Servs. AG

Board granted Petitioner's request for leave to make third-party declarant living in Israel available for video deposition or deposition in Israel (at Petitioner's expense) because the burden of forcing the witness to travel to the US was too great.
PTAB Digest

BMC Software, Inc. v. zIT Consulting GmbH

Relying on the Federal Circuit's decision in Enfish, LLC v. Microsoft Corporation, the Board found that patent claims directed to managing the resources of mainframe computers were not abstract under the first step of the Alice test.
PTAB Digest

Sony Corporation v. Surpass Tech Innovation LLC

Board found certain claims unpatentable, determining that Patent Owner conceded unpatentability under 37 C.F.R. § 42.73(b)(3) where Patent Owner failed to appeal finding that the same claims were unpatentable in co-pending IPR proceeding.
PTAB Digest

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

Board held that previous service of a complaint on Petitioner did not trigger the time bar under 35 U.S.C. 315(b) because the complaint had been involuntarily dismissed.
PTAB Digest

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

The Board expunged objections to supplemental evidence because the Board's rules do not allow them.
PTAB Digest

United States Automobile Association v. Nader Asghari-Kamrani

The Board authorized Patent Owner to file a request for a certificate of correction and a petition to accept an intentionally delayed benefit claim and rejected Petitioner's merits-based arguments opposing the correction as premature.

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