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PTAB Panel Excuses Late Filings

On May 10, 2023, a PTAB Panel excused the late filings of the Patent Owner and allowed over thirty exhibits and a Corrected Patent Owner Response (“CPOR”) to be submitted into the record in Samsung Electronics Co., Ltd. v....more

Director Provides Insight On Interplay Between Written Description And Enablement

USPTO Director Kathi Vidal recently vacated a PTAB decision denying institution of a post-grant review and remanded the case for further proceedings. The petitioner challenged claims 1–27 of the ’274 patent under 35 U.S.C. §...more

Redesign Cleared Following Adverse Initial Determination

In an dispute involving garage door openers, Respondent successfully utilized a Modification Proceeding pursuant to 19 U.S.C. § 1337(k) to obtain a determination from the ITC that its redesigned product did not infringe the...more

PTAB Declines to Institute Multiple IPRs Against the Same Patent

Both petitions were directed to Patent Owner Tela Innovations, Inc.’s U.S. Patent No. 7,943,966 (“the ’966 patent”). See Intel Corporation v. Tela Innovations, Inc., IPR2019-01228, Paper No. 19 (PTAB January 30, 2020); Intel...more

ITC Modifies Filing Procedures Due to COVID-19

On March 16, 2019, the ITC implemented a temporary change to filing procedures in light of the global COVID-19 pandemic. The accompanying notice stated that the ITC will temporarily waive and amend its rules that require the...more

PTAB Permits Extra Briefing to Evaluate Request for Rehearing

In a recent decision, the PTAB admitted that it erred in its prior determination of unpatentability, and authorized supplemental briefing on the patentability of substitute claims. See Rimfrost AS v. Aker Biomarine Antarctic...more

ALJ Severs Investigation for Efficient Adjudication Pursuant to 19 C.F.R. § 210.14(h)

In a recent decision, ALJ Cheney determined that severance of an investigation was necessary for efficient adjudication of the issues raised in the Complaint. Certain Light-Emitting Diode Products, Systems, and Components...more

PTAB Determines Parallel ITC Record Did Not Create Tactical Advantage

In a recent decision, the PTAB decided to institute inter partes review (“IPR”) of U.S. Patent No. 7,937,394 B2 despite Patent Owner’s claims that Petitioner engaged in gamesmanship and asserted references and combinations...more

ITC Grants Summary Determination Against Defaulting Respondents and Issues GEO

In another example of why defaulting at the ITC can be a dangerous strategy, the ITC recently found all eight named respondents in default and concluded a general exclusion order (GEO) was the appropriate remedy. Since the...more

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