Wayne St. Hugh Livingstone (US)

Subscribe to all posts by Wayne St. Hugh Livingstone (US)

PTAB denies request for termination, finding it amounted to a motion to stay

In PNC Bank NA v. Parus Holdings, Inc., the PTAB denied the Parties’ joint request for authorization to file a motion to terminate because the requested “termination” would merely amount to a stay of proceedings pending appeal in an underlying District Court case. CBM2015-00109, Paper 10 (Nov. 9, 2015). After being sued in District Court for patent … Continue reading

PTAB denies institution based on failure to prove publication of non-patent reference

In Square, Inc., v. Unwired Planet, LLC, the PTAB denied the Petitioner’s request for rehearing of a decision not to institute a Covered Business Method Review on prior art grounds because the petition failed to show that a non-patent reference was a printed publication. CBM2014-00156, Paper 22 (February 26, 2015). Specifically, the Board held that … Continue reading

Do not delay in deposing declarants whose declarations have only been served but not yet filed

In Valeo, Inc. v. Magna Electronics, Inc., the PTAB declined to grant the Patent Owner’s request to order a deposition of Petitioner’s declarant, stating that the Patent Owner was not prevented from deposing the declarant earlier merely because the declarant’s deposition was not of record. IPR2014-00221 & IPR2014-00227, Paper 27 (Nov. 13, 2014). The declaration … Continue reading