In Westlake Services, LLC v. Credit Acceptance Corp., the PTAB denied a Patent Owner’s motion to terminate a CBM proceeding, holding that estoppel under 35 U.S.C. § 325(e)(1) does not apply to claims previously denied institution. CBM2014-00176, Paper 28
June 2015
PTAB denies motion seeking cross-examination of inventor, finding that patent specification is not “affidavit testimony”
In Westlake Services, LLC v Credit Acceptance Corp., Petitioner was denied authorization to file a motion to compel the deposition testimony of the named inventor for the patent under review. CBM2014-00176, Paper 29 (May 18, 2015).
Although Patent…
PTAB holds patent CBM-eligible because of its application in the banking industry
In a recent CBM institution decision, the PTAB held at least one claim in the challenged patent was directed to a financial product or service because the claimed invention has application in the banking industry. Informatica Corp. v. Protegrity Corp.,…
PTAB confirms that it lacks authority to stay prosecution of related applications
In Chums, Inc. and Croakies, Inc. v. Cablz, Inc., the PTAB denied Petitioner’s request to file a motion to suspend prosecution of patent applications that were related to the patent that was the subject of the IPR proceeding. IPR 2014-01240…
PTAB denies institution because Petitioner failed to prove the effective date of an alleged § 102(e) reference
In Globus Medical, Inc. v. DePuy Synthes Products, LLC, the PTAB denied institution because the Petitioner failed to prove that one of the references relied upon in all of the invalidity grounds was § 102(e) prior art. IPR2015-00099, Paper…