Defendants have one year from the date of service of a complaint of patent infringement to file a request for inter partes review of the asserted patent. 35 U.S.C. § 315(b). In Trover Group, Inc., et al. v. Dedicated Micros
March 2015
PTAB allows submission of video deposition testimony as part of Patent Owner Response
In Pacific Market Int’l v. Ignite USA, LLC, the PTAB authorized submission of six videos as exhibits along with the Patent Owner Response. IPR2014-00561, Paper 27 (Feb. 5, 2015).
37 C.F.R. § 42.53(a) states that “[u]ncompelled direct testimony…
PTAB emphasizes importance of claim language in determination of CBM-eligibility
In Salesforce.com, Inc. v. Applications in Internet Time LLC, the PTAB considered the effect of a statutory disclaimer, statements in the specification, and the patent’s assigned classification on whether the challenged patent was eligible for a Covered Business Method…
PTAB denies request for rehearing based on failure to construe claim limitation
In Jiawei Technology (HK) Ltd. v. Simon N. Richmond, the PTAB denied Petitioner’s Request for Rehearing of a decision not to institute an IPR. IPR2014-00937, Paper 24 (Feb. 6, 2015). Maintaining its decision that the Petitioner failed to…
Expert testimony is not always necessary to show unpatentability in IPRs
In Guangdong Xinbao Electrical Appliances Holdings v. Adrian Rivera, the PTAB denied a motion to exclude an expert declaration relied upon by the Petitioner in its Reply to the Patent Owner’s Response. In its ruling, the Board took the…