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Jennifer Hoekel
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Federal Circuit finds that even a patentee's statements in a preliminary statement in response to an IPR petition can create a claim construction disclaimer. http://scholar.google.com/scholar_case?case=7274771549194505779&q=Aylus+Networks+v.+Apple+(Fed.+Cir.+2017)&hl=en&as_sdt=6,26 Continue reading
Posted May 16, 2017 at Post Grant AdvocATor
Congratulations to Paragon BioTeck Inc. Its US Patent No. 8,859,623 has survived a post grant review challenge brought by Altaire Pharmaceuticals. In only its 4th written decision, the PTAB found that Altaire did not prove that the Paragon patent claims were invalid as obvious in light of Altaire's earlier products.... Continue reading
Posted Nov 16, 2016 at Post Grant AdvocATor
Supreme Court refuses to consider constitutionality of IPR Review In denying certiorari on Tuesday, October 11, 2016, the Supreme Court let stand the constitutionality of inter partes review. In MCM Portfolio LLC v. Hewlett-Packard Co., 812 F. 3d 1284 (Fed. Cir. 2015), the Federal Circuit found that the AIA's provision... Continue reading
Posted Oct 12, 2016 at Post Grant AdvocATor
On Monday September 26, the Federal Circuit en banc denied review of a petition for rehearing in an earlier panel decision allowing the introduction of new invalidity evidence after institution decision. The panel had earlier stated "The introduction of new evidence in the course of the trial is to be... Continue reading
Posted Sep 27, 2016 at Post Grant AdvocATor
Netsirv et al v. Boxbee Inc., Case No. PGR2015-00009; Patent No. 8,756,166 The PTAB has found all claims of a container storage and shipping patent invalid in light of Alice in its third decision in a Post Grant Review. Citing decisions from the District of New Jersey and California, the... Continue reading
Posted Aug 5, 2016 at Post Grant AdvocATor
The Federal Circuit has, for the first time, reversed the PTAB in an IPR decision. In Microsoft v. Proxyconn, 2014-1542, -1543 (Fed. Cir. June 16, 2015), the Court found that the PTAB’s claim construction, under the “broadest reasonable interpretation” was unreasonably broad. The Court notes that “claims should always be... Continue reading
Posted Jun 23, 2015 at Post Grant AdvocATor
In what appears to be another first for post-grant proceedings, the Patent Trial and Appeal Board (“Board”) recently granted a patent owner’s opposed motion to amend the claims of a patent during a post-grant proceeding. In fact, the Board granted (in part) two opposed motions to amend in a pair... Continue reading
Posted Jan 13, 2015 at Post Grant AdvocATor
In its first precedential opinion, the Patent Trial and Appeal Board has denied institution of a covered business method review based on a prior-filed civil suit. Except for provisions specifically excluded, the CMB statute incorporates all the statutory standards and procedures of a post-grant review. These standards include the provision... Continue reading
Posted Aug 4, 2014 at Post Grant AdvocATor
The rules of inter partes review permit a patent owner to file one motion to amend claims. 37 CFR 42.121. There a number of procedural and substantive hurdles that must be overcome before the Motion to Amend is granted, and until recently, few, if any, have been granted. Continue reading
Posted May 29, 2014 at Post Grant AdvocATor
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May 29, 2014