In its Decision, the Board denied institution of inter partes review of any of the challenged claims (1, 3-4, 6-10, 12-15, 17-18, and 20-22) of the ’872 Patent. The ’872 Patent relates generally to a method for selecting and allocating a seat or group of seats to a ticketed event, such as a sporting or concert event.
Monthly Archives: March 2016
Motion for Additional Discovery Authorized IPR2016-00364
In its Decision, the Board granted Patent Owner’s request for authorization to file a motion for additional discovery directed to evidence regarding whether certain additional parties should be listed as real parties-in-interest.
To Redact An Entire Exhibit Board Expects A Specific Discussion Of Why Each Subpart Is Confidential IPR2016-00118
In its Order, the Board denied the joint Motion to Seal Exhibits 2007-2011 and Patent Owner’s Preliminary Response. The Board granted Entry of the Protective Order. Continue reading
No Patentable Weight To Preamble Amendments In This Patent IPR2015-01855, 1877
In its Decision, the Board instituted inter partes review of claims 1, 3-5, 8, 10, and 12 of the ’196 patent. Continue reading
Patent Not Entitled to Filing Date of Provisional Because Claims Not Supported By The Provisional IPR2015-01835
Takeaway: A reasonable expectation of success is not absolute predictability of success.
In its Decision, the Board determined that Petitioner had established a reasonable likelihood of prevailing in showing the unpatentability with respect to at least one IPR of claims 1-10 of the ’135 patent. Continue reading
A Showing That Third Party Is An Executor Or Board Member Is Insufficient For Real-Parties-In-Interest IPR2015-01769
In its Decision, the Board determined that Petitioner had demonstrated that there is a reasonable likelihood that it would prevail with respect to at least one of claims 1-7 of the ’433 patent. Continue reading
Evidence Lacking To Show Genus Anticipated Later-claimed Species IPR2015-01723
In its Decision, the Board declined to institute inter partes review of claims 1-13, 20-27, and 34-61 of the ’208 patent because Petitioner had not established that there is a reasonable likelihood Petitioner would prevail with respect to at least one of the claims challenged in the Petition. Continue reading
Document Is Prior Art Via Public Dissemination Or By Being Made Sufficiently Available IPR2015-01651
In its Decision, the Board instituted inter partes review of claims 1-20 of the ’271 patent.
According to the Board, the ’271 patent relates to a bottle cap (i.e., crown cap) that is made with thinner and harder steel compared to conventional crown caps. Petitioner asserted the following challenges to the ’271 patent: (1) claims 1-4, 10, 12-15, and 17-20 as obvious over Frishman and Industrial Heating; (2) claims 11 and 16 as obvious over Frishman, Industrial Heating, and Wagner; (3) claims 1-4 and 10-20 as obvious over Industrial Heating and Wagner; (4) claims 5-9 as obvious over Frishman, Industrial Heating, Mumford, and U.S. Steel; and (5) claims 5-9 as obvious over Industrial Heating, Wagner, Mumford, and U.S. Steel. Petitioner asserted that “average hardness” is hardness plus variations, and that “hardness” refers to Rockwell Hardness. Patent Owner did not dispute these assertions. Continue reading
Board Requests “List Approach” Over Motion to Strike IPR2015-00615, 00626
In its Order, the Board authorized Patent Owner to file a list of items that it believes exceeded the scope of Patent Owner’s Response. Petitioner was authorized to submit a response thereto. Continue reading
Order Authorizing Filing Of Transcript Of Markman Hearing IPR2015-00664
In its Order, the Board authorized Patent Owner to file an exhibit containing the transcript of the Markman hearing that took place in a related litigation. However, the Board did not authorize Patent Owner to file any evidence other than this transcript. Petitioner was authorized to submit any objections that it had to Patent Owner’s filing.