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
In B/E Aerospace, Inc. v MAG Aerospace Industries, LLC, the PTAB decided that testimonial evidence submitted in the Patent Owner’s Preliminary Response, which was created for related litigation, was “new” testimonial evidence under 37 C.F.R. § 42.107(c). IPR2014-01510, Paper
In In re Cuozzo, the Federal Circuit held, in a 2-1 opinion, that decisions of the PTAB to institute an IPR are not appealable and confirmed the use of the broadest reasonable interpretation standard for claim construction proceedings in
In three recent decisions, the CAFC addressed whether the PTAB’s decision to institute an IPR is appealable.
For an IPR petition to be instituted, it must show a reasonable likelihood that the petitioner would prevail with respect to at least
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
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
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