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
PTAB grants request for rehearing based on overlooked arguments
In Handi Quilter, Inv. v. Bernina International AG, the PTAB granted the Petitioner’s request for rehearing based on arguments it overlooked in its previous non-institution decision. IPR2014-00270, Paper 17 (December 30, 2014).
The challenged claims were directed to
PTAB panel creates new procedure for challenging scope of petitioner’s reply
In Toyota Motor Corp. v. Hagenbuch, the PTAB was presented with a novel procedural question regarding challenging the scope of the petitioner’s reply, which the Board resolved by creating what appears to be a new procedure. IPR2013-00638, Paper 31
PTAB grants early, limited request for additional discovery where requesting party brought forth evidence showing usefulness
In Arris Group, Inc. v. C-Cation Technologies, LLC, the Patent Trial and Appeal Board (PTAB) took the rare step of granting a party’s request for additional discovery. IPR2014-00746, Paper 15 (July 24, 2014).
This decision illustrates the evidentiary