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Category Archives: Joinder of AIA Proceedings
Board Limits Multiple IPR Challenges in Samsung Electronics v. Rembrandt Wireless Technologies
June 22, 2015 Rembrandt Wireless Technologies sued Samsung and Research in Motion for infringement of U.S. Patent 8,457,228 in June 2013. The ‘228 patent relates to data communications, and in particular to a data communication system in which a plurality of modems … Continue reading
Posted in America Invents Act, claim challenges, inter partes review, IPR Joinder, Joinder of AIA Proceedings, Joinder Post AIA, petitions practice, prior art
Tagged Bianchi, denial of multiple proceedings, inter partes review, IPR, issued patent, Joinder, PTAB, reasons for subsequent petition, Tim Bianchi
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Target Wins Rehearing of IPR Joinder Decision with Expanded Panel
Last fall, the Patent Trial and Appeal Board (PTAB or Board) interpreted the IPR joinder provision, 35 U.S.C. § 315(c), to require joinder requests by a non-party to an ongoing proceeding. (Target Corp. v. Destination Maternity Corp., IPR2014-00508 and IPR2014-00509.) Prior to that decision, the Board … Continue reading
Posted in America Invents Act, inter partes review, IPR Joinder, Joinder of AIA Proceedings, Joinder of Parties Post-petition, Joinder Post AIA, Mandamus Actions in the Federal Circuit, PTAB, PTAB Patent Trials
Tagged 314(d), 315(c), Bianchi, federal circuit, In re Cuozzo, inter partes review, IPR, issue joinder, issued patent, party joinder, patent, patent reform, patent trial and appeal board, Post Grant Review, PTAB, Tim Bianchi
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Target Corp. Requests Rehearing of Denied IPRs by Expanded PTAB Panel
October 17, 2014 Last month, the Patent Trial and Appeal Board (PTAB or Board) interpreted the IPR joinder provision, 35 U.S.C. § 315(c), to preclude joinder requests by an existing party to an ongoing proceeding. (Target Corp. v. Destination Maternity Corp., IPR2014-00508 and … Continue reading
Posted in America Invents Act, Future of PTAB Trial Practice, inter partes review, IPR Joinder, Joinder of AIA Proceedings, Joinder of Parties Post-petition, Litigation, Patent Reform, PTAB, PTAB Patent Trials
Tagged Bianchi, Board, inter partes review, IPR, issue joinder, issued patent, party joinder, patent, patent litigation, patent reform, patent trial and appeal board, PTAB, Tim Bianchi, § 315(c)
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Patent Office Board Takes a Bite out of Apple’s IPR Challenge of VirnetX Patents
In mid-2013 Apple filed seven inter partes review petitions to challenge four VirnetX patents. Recently, the Patent Trial and Appeal Board (the Board) denied all seven inter partes review (IPR) petitions. This outcome demonstrates the Board’s current interpretation of the one-year bar … Continue reading
Posted in America Invents Act, claim challenges, inter partes review, Joinder of AIA Proceedings, Joinder of Parties Post-petition, motion practice, PTAB, rehearing request, Termination of Post-Grant Proceedings
Tagged Bianchi, claims, inter partes review, IPR, patent reform, patent trial and appeal board, PTAB, Tim Bianchi
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Joinder in Patent Office Proceedings Clarified by PTAB
Several posts ago we explored how the Board perceived joinder of a subsequent petition filed by a petitioner to an ongoing proceeding. A recent ruling by the Patent Trial and Appeal Board (PTAB) clarifies how the Board views joinder of … Continue reading
Posted in America Invents Act, covered business methods, inter partes review, Joinder of AIA Proceedings, Joinder of Parties Post-petition, Post Grant Review, PTAB, PTAB Patent Trials
Tagged Bianchi, CBM, covered business method, inter partes review, IPR, joinder of parties post-petition, patent trial and appeal board, PGR, Post Grant Review, PTAB, Tim Bianchi
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PTAB IPR Petition Joinder Practice Gains Momentum
Suppose a patent owner files suit and the defendant wants to file an AIA post-grant proceeding to challenge the validity of the patent. Suppose further that the post-grant challenge is an inter partes review (IPR) filed by the defendant within … Continue reading
Posted in America Invents Act, Joinder of AIA Proceedings, motion practice, Patent Reform, PTAB, Uncategorized
Tagged 35 USC 315(b), 37 CFR 42.101(b), 37 CFR 42.122(b), Bianchi, claims, inter partes review, IPR, Joinder, patent, patent claims, patent reform, patent trial and appeal board, PTAB, Tim Bianchi
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