Defendant Hewlett Packard filed a Petition for IPR challenging claims of U.S. Patent No. 6,218,930 as invalid in view of two prior art references. On the same day Defendant requested joinder with an earlier filed IPR that challenged the same claims of the ‘930 patent as invalid over four references (including the two raised in […]
The U.S. Court of Appeals for the Federal Circuit held that to find a “required and established place of business” for venue in a civil action for patent infringement, the court must identify “a physical place, of business, of the defendant.” Cray filed a motion to transfer the underlying litigation, arguing that it did not […]
UPDATE: The PTAB has designated this decision as “informative,” which is a category one step below precedential used to provide guidance for future panels. An expanded panel of the PTAB recently provided additional guidance on when it may exercise its discretion not to institute proceedings. Petitioner General Plastic Industrial Co., Ltd. originally challenged two patents […]
Earlier this year, the Federal Circuit held that statements made by patentees in an inter partes review (IPR) can constitute prosecution disclaimer. Aylus Networks, Inc. v. Apple Inc., No. 2016-1599 (Fed. Cir. May 11, 2017). In a recent district court decision, this new rule was given effect. Patent Owner’s statements in a preliminary response were […]
In a recent decision, Judges Wallach and Dyk filed a concurring opinion to express their concerns regarding joinder and expanded panels at the Board. Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co. Ltd., Case No. 2016-2321 (Fed. Cir. Aug. 22, 2017). In the underlying proceeding, Broad Ocean filed a first IPR challenging claims directed to […]
In 2012, the American Invents Act created Inter Partes review (“IPR”) and related proceedings that allowed parties to request that the Patent Office institute a trial to determine the patentability of issued claims. Over the last five years, these proceedings have provided a more efficient method of invalidating patents, and many would argue, served to […]
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