Plaintiff e-Watch, Inc. filed a patent infringement action against several defendants, including Defendant FLIR Systems, Inc. (“FLIR”). FLIR filed a motion to stay pending an inter partes review of the patent-in-suit by the Patent Office. In deciding to grant the stay, the district court noted that the action was at…
In a pair of recent decisions, the Patent Trial and Appeals Board further clarified the requirements of filing a motion to amend the claims. These recent decisions supplement the Board’s recent decisions in IPR2012-00027 (Paper No. 26) and IPR2012-00005 (Paper No. 27) in which the Board provided guidance regarding the…
Defendant Omron Oilfield & Marine, Inc. (“Omron”) filed a motion to stay pending an Inter Partes Review that it initiated against Plaintiff’s National Oilwell Varco, L.P.’s (“NOV”) patent-in-suit. The patent-in-suit, U.S. Patent No. 5,474,142 (the ‘142 patent), is directed to automatic drilling. As the district court explained, “[o]n May 3,…
Plaintiff Automatic Manufacturing Systems, Inc. (“AMS”) manufactures and markets equipment used to print machine readable labels on glass microscope slides. Defendant Primera Technology, Inc. (“Primera”) competes against AMS in the glass-microscope-slide-printing-machine market. AMS owns U.S. Patent No. 8,013,884 (“the ‘884 patent”), The ‘884 patent is directed to a device that…
Wednesday, May 22, 2013 1:00pm – 2:00pm The America Invents Act: Litigation in the Patent Office How to Take Advantage of the New Inter Partes Review Process The America Invents Act includes a new inter partes review procedure that takes the place of the old inter partes reexamination. This new…
In this two-part blog, the standards for seeking discovery are discussed in the context of a recent order in Garmin International, Inc. et al. v. Cuozzo Speed Technologies LLC, IPR2012-00001. In Garmin, the Patent Trial and Appeals Board (“PTAB”) (A.P.J.s Lee, Tierney and Cocks) issued an order regarding the patent…
In IPR2012-00041, the Patent Trial and Appeals Board (“PTAB”) (A.P.J.s Medley, Blankenship and Bisk) issued an order in Synopsys, Inc. (“Petitioner”) v. Mentor Graphics Corporation (“Patent Owner”) denying Synopsys’ petition. In its petition, Synopsys sought review of U.S. Patent No. 6,947,882 relating to systems for emulating integrated circuit designs. Synopsys…
In IPR2012-00022, the Patent Trial and Appeals Board (“PTAB”) (A.P.J.s Tierney, Green and Robertson) issued an order in Ariosa Diagnostics (“Petitioner”) v. Isis Innovation Limited (“Patent Owner”) regarding Ariosa’s standing. Section 315 specifies that “[a]n inter partes review may not be instituted if, before the date on which the petition…
In IPR2013-00078, the Patent Trial and Appeals Board (“PTAB”) (A.P.J.s Medley, Easthom and Siu) issued an order in International Business Systems Corporation (“Petitioner”) v. Financial Systems Technology (Intellectual Property) Pty. Ltd. (“Patent Owner”) regarding the settlement between the parties and procedure regarding the termination of the procedure. The Petitioner filed…
In IPR2012-00001, on January 25, 2013, the Patent Trial and Appeals Board (“PTAB”) (A.P.J.s Lee, Tierney and Cocks) issued an order regarding the conduct of proceedings (“Order”) in Garmin International, Inc. v. Cuozzo Speed Technologies, LLC. The Order followed a conference call to discuss any issues the parities may have…