In HTC Corp. v. NFC Tech., LLC, the PTAB granted the Petitioner’s motion to strike and expunge the declaration of the Patent Owner’s non-party witness, who refused to submit to cross-examination. IPR2014-01198, Paper 41 (Nov. 6, 2015). The Patent Owner submitted a declaration of a non-party witness residing in France to support its alleged earlier … Continue reading
In Agila Specialties Inc. v. Cephalon, Inc., the PTAB provided guidance on seeking the disqualification of an expert. Although the Board authorized the Patent Owner to file a Motion to Disqualify the Petitioner’s expert on the basis of an alleged conflict of interest, the Board raised a host of issues the Patent Owner would need … Continue reading
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 review. The Board ultimately declined to institute, finding that the patent was ineligible for CBM review … Continue reading
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 properly address a claim limitation that was “critical” to understanding claim scope, the Board held no abuse … Continue reading