In a significant ruling on the scope of the inter partes review time bar, the Patent Trial and Appeal Board rejected Greenthread’s attempts to dismiss Semiconductor Components’ petition as untimely, providing key guidance on privity relationships under 35 U.S.C. § 315(b). The decision centered on Greenthread’s argument that the petition…
Patent Lawyer Blog
Party’s Over: Settlement Kills Mountain Voyage’s Joinder Hopes
In a recent decision highlighting the intersection of settlements and joinder in patent challenges, the Patent Trial and Appeal Board (PTAB) has denied Mountain Voyage’s attempt to join a terminated inter partes review (IPR) proceeding involving The Ridge Wallet’s compact wallet patent. The February 18, 2025 decision in IPR2024-01264 demonstrates…
Too Many Bites of the Apple: PTAB Rejects Tech Giant’s IPR Blitz
In a recent decision highlighting the Patent Trial and Appeal Board’s growing concern with multiple petition practice, the PTAB has denied Apple’s inter partes review petition challenging Smith Interface Technologies’ patent, emphasizing that less can be more when it comes to IPR strategy. The Board’s February 13, 2025 decision in…
PTAB Holds That the Patent Owner Failed to Provide Evidence of Diligence to Establish An Earlier Date of Invention
In a recent IPR, the PTAB addressed whether a patent application (“Ueda”) filed before the challenged patent (“‘427 Patent”) was considered prior art in light of the Patent Owner’s evidence of an earlier date of invention and the proffered evidence submitted to establish it. Peloton, as the petitioner, argued that…
PTAB Holds That University Thesis Qualified as Prior Art
In its Institution Decision, the Board addressed whether Trevarthen, a bachelor’s thesis from the University of Wollongong, qualified as prior art against U.S. Patent No. 9,844,206 B2. The Board emphasized that “at the institution stage, the petition must identify, with particularity, evidence sufficient to establish a reasonable likelihood that the…
Federal Circuit Rules that in IPRs Published Patent Applications Can Be Used as Prior Art as of Their Filing Date Even if Published After the Challenged Patent’s Priority Date
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…
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…