Topic: Institution decisions

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IPR Petition denied for failure to prove up amusement park brochure as printed publication

In A.R.M. Inc. v. Cottingham Agencies LTD., the Patent Trail and Appeal Board (PTAB) declined to institute an Inter Partes Review (IPR) because each of the asserted rejections relied on a reference that was not adequately proven to be a printed publication. IPR2014-00671, Paper 10 (October 3, 2014). U.S. Pat. 7,666,103 is directed to an “Amusement Ride” which allows … Continue reading

Quality over quantity: PTAB exercises discretion to deny IPR petition for “administrative efficiency”

In Zetec v. Westinghouse, the Patent Trial and Appeal Board (PTAB) denied an IPR Petition that presented “numerous grounds” of unpatentability and “underdeveloped arguments,” as attempting to evaluate such a petition “would place a significant burden on the Board and contravene the efficient administration of the Office.”  IPR2014-00384, Paper 10 (Jul. 23, 2014). The Petition … Continue reading

No getting clever with page limits: PTAB denies IPR petition citing primarily to expert declaration

In Fidelity Nat’l Info. Serv., Inc. v. Datatreasury Corp., the Patent Trial and Appeal Board (PTAB) denied an IPR Petition that cited primarily to an expert declaration as failing to contain a “full statement of the reasons for the relief requested, including a detailed explanation of the significance of the evidence” as required under 37 … Continue reading
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