Brandy Nolan (US)

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PTAB decides that district court ruling favorable to Patent Owner does not justify stay of CBM proceedings

We have previously written about stays of litigation before the PTAB has acted on a petition for IPR or CBM review. A recent Board decision addresses a contrasting circumstance: staying a CBM proceeding in light of activity in litigation. In Samsung Elecs. Am., Inc. v. Smartflash LLC, (and related CBM review proceedings), the Board denied … Continue reading

Lessons learned in establishing conference papers as prior art in IPR petitions

In Hughes Network Sys., LLC v. Cal. Inst. of Tech., the PTAB addressed a Patent Owner’s challenge to the availability of two papers from the same conference (albeit different years) as printed publications for use against the challenged claims. IPR2015-00060, Paper 18 (Apr. 27, 2015). A declaration of the co-author was deemed insufficient to establish … Continue reading