Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged prior art · clear
In the world of patent law, Post-Grant Review (PGR) and Inter Partes Review (IPR) are crucial mechanisms for challenging the validity of issued patents. Understanding the differences between PGR and IPR is essential for patent owners and challengers alike.…
In the realm of patent examination, the search for prior art plays a critical role in determining the novelty and inventiveness of an invention. Traditionally, patent examiners manually conduct extensive searches to identify relevant prior art references.…
We often see discussions around the web and various statistics about “worthless” patents. However, as patent analysts investigate them, they conclude that the problem is that they are too narrow to block the competition rather than being…
VALVE CORPORATION v. IRONBURG INVENTIONS LTD . Before Newman, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: For purposes of authenticating a prior art reference in IPR proceedings, the Board had an obligation to compare the…
VIDSTREAM LLC V. TWITTER, INC. Before Newman, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of a prior art reference’s publication date submitted after an IPR petition may be appropriately considered by…
SAMSUNG ELECTRONICS CO., LTD. v. INFOBRIDGE PTE. LTD. Before Newman, Schall, and O’Malley . Appeal from the Patent Trial and Appeal Board. Summary : A reference must be publicly accessible, not actually accessed, before the critical date to qualify…
The quote is from “Treasure of the Sierra Madre” when a bandido leader is trying to convince Bogart that his gang are Federales, and Bogie asks to see their badges. In the context of Yeda Res. and Dev. v. Mylan, Appeal no. 2017-1594 et al.…
On July 13, 2018, the Federal Circuit decided Jazz Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, LLC , affirming the Patent Trial and Appeal Board (PTAB)’s finding of invalidity of certain claims of seven Orange Book-listed patents for Xyrem®.…
Federal Circuit Summary Before Newman, Lourie , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: References were sufficiently accessible to the public to constitute printed publication prior art even if they were not searchable or indexed…
Federal Circuit Summary Before Taranto, Plager, and Chen . Appeal from the Patent Trials and Appeals Board. Summary : In determining whether materials distributed at meetings or conferences are reasonably accessible to the public, the Board must consider…
In Southwire Co. v. Cerro Wire LLC, [2016-2287] (September 8, 2017), the Federal Circuit affirmed the PTAB’s decision in an Inter Partes reexamination that the claims of U.S. Patent No. 7,557,301 on a method of making cable are unpatentable under 35…
Written by Mark E. Davis and Benjamin Anger On remand from the Federal Circuit, the PTAB granted Veritas’s Supplemental Motion to Amend for one substitute claim and denied the motion with respect to a second claim in Veeam Software Corporation v.…
