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Tag Archives: preponderance of the evidence
PTAB Narrows Its Preliminary Claim Interpretation To Uphold Cellular Patent
In July, 2014 Ericsson Inc. and Telefonaktiebolaget LM Ericsson (“Ericsson”) petitioned for inter partes review of claims 1, 2, 8-12 and 18-22 of U.S. Patent No. 7,787,431 owned by Intellectual Ventures II LLC (“IV”). In February, 2015, the Board instituted … Continue reading
Posted in Broadest Reasonable Interpretation standard, claim challenges, Claim Construction, Expert Witnesses, inter partes review, prior art, PTAB, Uncategorized
Tagged Bianchi, claims, inter partes review, IPR, patent claims, patent trial and appeal board, preponderance of the evidence, PTAB, Tim Bianchi
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Early PTAB Orders Demonstrate Differences Between AIA Patent Trials and District Court Trials
Patent practitioners are still absorbing some of the differences and advantages that are unique to litigation in the PTAB as opposed to district court litigation. For example, PTAB proceedings only decide questions of validity and are not directed to rule … Continue reading
Posted in America Invents Act, claim challenges, Claim Construction, clear and convincing evidence, estoppel, inter partes review, Litigation, preponderance of evidence, PTAB, PTAB Patent Trials, Uncategorized
Tagged appeal, Bianchi, board of patent appeals, burden of, clear and convincing, estoppel, inter partes review, IPR, issued patent, litigation, patent claims, patent litigation, patent trial, patent trial and appeal board, preponderance of the evidence, presumption of validity, PTAB, Tim Bianchi
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Claim Interpretation for Post-Grant Review and Inter Partes Review under the AIA – Part I
Today, USPTO Director David Kappos posted a comment advocating the use of the broadest reasonable interpretation standard (BRI) for claim interpretation in post grant review and inter partes review under the America Invents Act. This is a topic of great interest among those … Continue reading
Posted in America Invents Act, Broadest Reasonable Interpretation standard, clear and convincing evidence, Ex Parte Prosecution, ex parte reexamination, inter partes reexamination, inter partes review, Litigation, Patent Reform, Phillips-type construction, Post Grant Review, preponderance of evidence, PTAB, reexamination generally, Reissue, Uncategorized
Tagged Bianchi, Board, BPAI, burden of proof, claims, clear and convincing, ex parte reexamination, inter partes reexamination, inter partes review, issued patent, litigation, Microsoft, patent, patent claims, patent litigation, patent prosecution, patent reform, patent trial and appeal board, PGR, post-grant review, preponderance of the evidence, presumption of validity, PTAB, reexam, reexamination, reissue, Tim Bianchi
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Microsoft v. i4i – Part III: Changing the Presumption of Validity: Impact on Reexamination Practice
Posted March 14, 2011 The prior post discussed only some of the many options the Supreme Court has in the Microsoft v. i4i case (i4i). In summary, the presumption of validity of a patent as we currently know it may … Continue reading
Microsoft v. i4i and the Presumption of Validity – Part 1
Posted March 5, 2011 In Microsoft v. i4i, which has been granted certiorari by the Supreme Court, Microsoft’s position is that the presumption of validity should not be enjoyed by a patent owner for prior art not considered by an … Continue reading