News and Cases Involving Post-Grant Proceedings at the Patent Office
Mohawk Tribe Tees Up Sovereign Immunity Battle [Updated]
A sovereign entity seeks additional discovery on a wide range of topics to address its "concerns about the impartiality" of the Administrative Patent Judges assigned to the case. Sovereign entities,…
Excluded Hearsay Admitted into Evidence after Motion for Reconsideration
The Board admitted hearsay testimony as qualifying under the "state of mind exception" after previously excluding the testimony. With inter partes review proceedings applying the Federal Rules of Evidence (FRE),…
Expanded Panel Curtails Sovereign Immunity Defense
An expanded panel of the Board has ruled that sovereign immunity from IPR is waived if the patentee files an infringement action on the patent in district court. The Eleventh…
IPR Petition Denied for Reliance on a Joint Declaration
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,…
PTAB Designates Three Decisions Regarding 35 U.S.C. § 325(d) as Informative Opinions
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…