In a victory secured by Thomas Horstemeyer for its client, Donner Technology, the Federal Circuit has ruled in a precedential decision that the PTAB erred in finding that a prior art reference did not constitute analogous art. As a result,…
The PTAB instituted IPR based on a reference that had been considered by the examiner during prosecution because the petition relied upon a previously unconsidered portion of the reference. Under 35 U.S.C. § 325(d), the PTAB has discretion to deny…
A single declaration providing joint statements of two declarants was given little weight for presenting practical difficulties for cross-examination. In CSL Behring Gmbh v. Shire Viropharma Inc., IPR2017-01512 (PTAB Dec. 7, 2017) (Paper 12), the petitioner requested inter partes review (IPR)…
The Board has designated three decisions as "informative" to provide guidance to parties as to how it may deny IPR petitions that rely on prior art or arguments that have already been considered by the Patent Office. When determining whether…