A recent Federal Circuit decision in Lynk Labs v. Samsung has important implications for what types of prior art can be used to challenge patents in inter partes review (IPR) proceedings. The court held that a published patent application can serve as prior art in an IPR as of its…
Patent Lawyer Blog
Key Takeaways from Largan v. Motorola: A Lesson in Discovery Disputes and the Apex Doctrine
In a recent discovery dispute between Largan Precision Co. and Motorola Mobility LLC, the Northern District of California provided important guidance on two critical issues: the location of plaintiff’s depositions and the application of the apex doctrine for high-level executives. The Location Battle: Home Court Advantage Prevails The court’s ruling…
Amazon Product Listing Gets Flushed As Qualifying Prior Art
The PTAB’s decision provides important guidance on when online product listings can qualify as prior art, particularly focusing on the challenges of establishing publication dates for Amazon listings. Key Legal Standard The Board emphasized that for an inter partes review, petitioners can only challenge patentability “on the basis of prior…
Federal Circuit Upholds PTAB’s Motivation to Combine Analysis in DNA Testing Patent
In a significant patent ruling issued January 6, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) decisions in Laboratory Corporation of America Holdings v. Ravgen, Inc., Case Nos. IPR2021-00902 and -0154, upholding the validity of claims related to non-invasive fetal DNA testing methods. The case centered…
Petitioner’s Proposed Claim Construction that was “Diametrically Opposed” with Its Construction in the District Court Leads to IPR Denial
In a recent Patent Trial and Appeal Board (PTAB) decision, the Board denied institution of an inter partes review (IPR) in Cambridge Mobile Telematics, Inc. v. Sfara, Inc. (IPR2024-00966), highlighting the critical importance of consistent claim construction strategies in patent challenges. The Core Dispute The controversy centered on Cambridge Mobile’s…
Breaking Down the Ghost Robotics Privilege Dispute: When Legal Memos Aren’t Privileged
A recent discovery dispute in the ongoing Boston Dynamics v. Ghost Robotics litigation provides an interesting look at how courts analyze attorney-client privilege in the context of legal memos shared with third parties. In an October 2024 order, Magistrate Judge Burke denied Boston Dynamics’ motion to compel additional discovery related…
The Particularity Requirement in Patent Challenges: A Deep Dive into IKEA v. Everlight
In a recent Patent Trial and Appeal Board (PTAB) decision, the particularity requirement emerged as a critical factor in determining whether to institute an inter partes review (IPR). The case, involving IKEA Supply AG’s challenge to Everlight Electronics’ LED patent, highlights how failing to meet this requirement can doom even…
Prior District Court Invalidity Challenge Dooms Waydoo’s Motion to Join IPR Against MHL Custom Patent
The U.S. Patent Trial and Appeal Board (PTAB) has denied Petitioner’s Shenzhen Waydoo Intelligence Technology Co., Ltd.’s petition for inter partes review (IPR) and accompanying motion for joinder in a case involving MHL Custom, Inc.’s Patent No. 9,359,044 B2. The decision, issued on December 17, 2024, centers on Waydoo’s attempt…
PTAB Denies Juniper Networks’ Second IPR Petition Against Orckit Patent
The Patent Trial and Appeal Board (PTAB) has denied Juniper Networks’ second petition for inter partes review (IPR) challenging claims of Orckit Corporation’s US Patent 10,652,111, which covers deep packet inspection methods in software-defined networks. The decision, issued on December 11, 2024, was based on the Board’s discretionary powers under…
PTAB Ruling Highlights Strategic Use of Patent Disclaimers in Post-Grant Reviews
In a noteworthy decision that sheds light on the interplay between patent disclaimers and post-grant reviews, the Patent Trial and Appeal Board (PTAB) recently denied institution of a challenge to an Intex Marketing patent while declining to enter adverse judgment against the patent owner. On June 15, 2024, Bestway (USA),…