In its Order, the Board denied Petitioner’s request for authorization to file a third corrected petition. Petitioner had requested such authorization, because one of the limitations in claim 30 (referenced in the Order as “element 30.a.1”) was inadvertently omitted from the claim chart submitted in support of Petitioner’s anticipation challenge to claim 30 based on Kapidzic. Continue reading
Category Archives: Corrected Petition
Denying Authorization to File a Third Corrected Petition IPR2014-00660
Denying Institution of Inter Partes Review IPR2014-00384
In its Decision, the Board denied institution of an inter partes review of the ’269 Patent. The ’269 Patent relates to methods of synthesizing nondestructive examination data to be used for training data analysts and/or testing inspective techniques. Continue reading
Order Regarding Non-Compliant Petition IPR2014-00901
Improper argument in claim charts
In its Order, the Board found that once again Petitioner had filed a non-compliant Petition based upon the improper use of claim charts. Following the filing of the initial Petition, the Board issued a notice notifying Petitioner that the Petition was defective based upon improper usage of claim charts. Petitioner filed a Corrected Petition, but the Board found once again that the Petitioner improperly used claim charts. The Board provided one example where the claim chart included a conclusion reached by a declarant. The Board found that this constitutes arguments. Claim charts should be limited to providing an element-by-element showing, such as providing citations to a prior art reference or quotations from a prior art reference. Claim charts should not include explanations, characterizations, conclusions, or inferences drawn from references. If there is any need to explain how a reference discloses or teaches a limitation, that explanation must be in the petition, not in a claim chart. The Board allowed the Petitioner one final opportunity to correct the deficiencies. Otherwise, the Board will issue an order to show cause as to why the Board should not dismiss the Petition and deny institution of trial. Continue reading
Order That Corrected Petition Was Non-Compliant IPR2014-00796
In its Order, the Board concluded that Petitioner’s corrected Petition was non-compliant, and ordered Petitioner to file a second corrected Petition by a specified date. The original Petition was filed on May 21, 2014. The Board issued a Notice of Filing Date Accorded on May 29, 2014, requiring Petitioner to file a corrected Petition incorporating proper line spacing and not having any attorney argument in the claim charts. Petitioner filed the corrected Petition on Jun 5, 2014. Continue reading