On Final Written Decision in Pure Fishing, Inc. v. Globeride, Inc., the PTAB determined the Petitioner had failed to establish by a preponderance of the evidence that claims 1 and 2 of U.S. Patent 5,921,489 were unpatentable.  The PTAB’s decision turned on the question of whether two cited references were “analogous to the claimed

Activision Blizzard, Inc. v. Acceleration Bay, Inc. presents an interesting situation emphasizing the limited scope of IPR proceedings and the interplay between PTAB practice and co-pending litigation.  In Activision Blizzard., the Petitioners challenged claims of U.S. Patent 6,920,497, a patent directed to “a method of connecting a seeking computer through a portal computer to

Praxair filed a first petition for inter partes review of claims 1-19 of U.S. Patent 8,846,112.  The PTAB instituted review based on the first petition and concluded that all claims, except claim 9, were unpatentable.  In doing so, the PTAB determined that the “providing information” step in claim 1, and “similarly-worded claims steps in other

Cases remanded to the PTAB by the Federal Circuit are beginning to resurface.[1]   The PTAB decided two such cases this month.   See  Dell, Inc. v. Acceleron, LLC, Nos. 2015-1513, -1514 (Fed. Cir. March 15, 2016), on remand, IPR2013-00440, Paper 49 (PTAB Aug. 22, 2016) and Ariosa Diagnostics v. Verinata Health, Inc.,

Daicel Corporation v. Celanese Int’l Corp., No. IPR2015-00171, Paper No. 86 (P.T.A.B. June 23, 2016) sheds important insight on how the Board applies the broadest reasonable interpretation (BRI) standard for claim construction, and the application of intrinsic and extrinsic evidence.  In that case, the Board instituted an IPR based on both § 102(b) and

On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed v.Lee, in part, to decide whether the PTAB should be applying the broadest reasonable interpretation when construing claims in AIA review proceedings rather than the claim construction applied in district court litigation.  One of the questions the Court will address is:  “Whether