In Intri-Plex Techs., Inc. v. Saint-Gobain Performance Plastics Rencol Ltd., the PTAB found that the patented invention was not obvious based on the secondary considerations of commercial success and copying, even though it found that the prior art disclosed
April 2015
PTAB grants Patent Owner’s adverse judgment request, thereby barring joinder of subsequent IPR petition
In Artsana USA, Inc. v. Kolcraft Enterprises, Inc., the PTAB granted the Patent Owner’s request for adverse judgment under 37 C.F.R. § 42.73(b) and found the challenged patent claims to be unpatentable. IPR2014-01053, Paper 24 (April 3, 2015).…
PTAB discourages delayed challenges to identification of real-parties-in-interest
In Sony Computer Entertainment America LLC, v. Game Controller Technology LLC, the PTAB was faced with a situation where a patent owner waited until a few weeks before an IPR proceeding was scheduled to end to challenge the petition’s…
PTAB permits post-institution challenge to identification of all real-parties-in-interest
In GEA Process Engineering, Inc., v. Steuben Foods, Inc., the PTAB vacated its institution decision and terminated five IPRs because the petitions failed to identify all real-parties-in-interest (RPIs). IPR2014-00041, Paper 140 (December 23, 2014) (Public redacted version).
The…
Rule changes for AIA trials are here, with more on the way
The USPTO recently announced changes to the rules for trials before the PTAB under the AIA. The announcement, which may be found here, indicates that the changes will be implemented via a series of rule packages using a three-part…