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Patrick Coyle
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Takeaway: Patent challengers relying on operating manuals and other printed materials included with products sold prior to the critical date of a challenged patent should not rely solely on the sale of the product to demonstrate such documents are “printed publications” within the meaning 35 U.S.C. § 102. A recent... Continue reading
Posted Oct 30, 2015 at Post Grant AdvocATor
A second set of proposed rule changes to AIA post-grant proceedings was published by the Patent Office on August 20, 2015. The proposed rule changes cover many different aspects of AIA proceedings but, are generally favorable to patent owners. While this post discusses several issues addressed in the proposed rule... Continue reading
Posted Aug 26, 2015 at Post Grant AdvocATor
In defending against obviousness challenges before the Patent Trial and Appeal Board (“Board”), arguments directed to prior art references being non-analogous art to a patent owner’s claimed invention have had relatively limited success. However, a recent decision from the Board serves as reminder to patent owners that even less popular... Continue reading
Posted Jun 2, 2015 at Post Grant AdvocATor
In a recent order, the Patent Trial and Appeal Board (“PTAB” or “Board”) provided additional guidance on an issue that has become somewhat of a white whale for practitioners representing patent owners before the PTAB – successfully amending the claims of a challenged patent during a post grant procedure. Much... Continue reading
Posted Nov 10, 2014 at Post Grant AdvocATor
On August 5, 2014, LaRose Industries, LLC (“LaRose”) filed a petition seeking a post-grant review of U.S. Patent No. 8,684,420 (“the ‘420 Patent”), generally directed to a loom used to weave elastic items together to form wearable articles, such as bracelets. See PGR2014-00008, Paper 1 . The petition marks a... Continue reading
Posted Aug 6, 2014 at Post Grant AdvocATor
In a recent split decision, the Federal Circuit ordered the Eastern District of Texas to stay district court litigation pending a covered business method (CBM) review, reversing the district court’s decision to deny the accused infringer’s motion to stay. The decision, VirtualAgility Inc. v. Salesforce.com, Inc., slip op. 2014-1232 (Fed.... Continue reading
Posted Jul 25, 2014 at Post Grant AdvocATor
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May 28, 2014