In its Final Written Decision, the Board found that Petitioner had shown by a preponderance of the evidence that all challenged claims (claims 1-4 and 6-8) of the ’563 patent are unpatentable. The ’563 patent “relates to a garment worn during different stages of pregnancy and different stages of postpartum body changes.” Continue reading
Monthly Archives: February 2015
Final Written Decision IPR2013-00463
In its Final Written Decision, the Board concluded that all claims under review (claims 1-14) are unpatentable and denied Patent Owner’s contingent motion to amend for lack of sufficient analysis as to the patentability of the proposed substitute claims. Continue reading
Denying Institution IPR2014-01242
In its Decision, the Board found that Petitioner Johnson Health Tech North America, Inc. (“JHTNA”) lacked standing because it was time-barred under 35 USC 315(b). In addition, because Petitioner Johnston Health Tech Co. Ltd. (“JHT”) is a privy of JHTNA, JHT was also found to lack standing. Therefore, the Petition was denied. Continue reading
Final Written Decision IPR2013-00505
In its Final Written Decision, the Board determined that the Petitioner demonstrated by a preponderance of the evidence that all of the instituted claims (claims 1-12, 15, 17-19, 23, 26, 28-30, and 32) are unpatentable. The ’569 patent relates generally to a shampoo composition and method for providing a combination of anti-dandruff efficacy and hair conditioning. Continue reading
Lifting Stay of Concurrent Reexamination IPR2013-00117
In its Order, the Board lifted the stay of ex parte reexamination Control No. 90/011,935 involving the ’040 patent during a teleconference. In an Order dated April 3, 2013, the Board had ordered a stay in the co-pending ex parte reexamination that included original claims 1-22 and newly added dependent claims 23-63. In this IPR proceeding on June 20, 2014, the Board concluded that Petitioner had shown by a preponderance of the evidence that claims 8, 9, 11, 12, 14, 15, and 19-22 of the ’040 patent were unpatentable. Thus, Patent Owner requested the Board to lift the stay. Continue reading
Order Granting Motion to Expedite IPR2015-00580
In its Order, the Board granted Petitioner’s request to expedite Patent Owner’s Preliminary Response. Also, the Board authorized Petitioner to submit a reply to Patent Owner’s Opposition to Petitioner’s Motion for Joinder in the event that Patent Owner elects to file an opposition to the Motion for Joinder. Continue reading
Decision on Institution of Inter Partes Review IPR2014-01252
In its Decision, the Board instituted inter partes review of claims 1, 2, 7, 8, 10, 13, and 14 of the ’444 patent, with the sole instituted ground of challenge being the alleged unpatentability of each of these claims under 35 U.S.C. § 103 in view of Ulmer and Goldwasser. The Board also concluded that the record did not reflect that Petitioner had failed to name all real parties-in-interest in its Petition. Continue reading
Denying Rehearing CBM2014-00135
In its Decision, the Board denied both Petitioner’s and Patent Owner’s Requests for Rehearing of the Board’s decision to institute trial in a covered business method patent review of all challenged claims of the ’132 patent under 35 U.S.C. § 101, but denying institution of any claims under 35 U.S.C. §§ 102, 103, and 112. Petitioner requested that the Board reconsider and institute based on grounds 3-5 of the petition, which were obviousness grounds based on Silverman, Gutterman, and Togher. Patent Owner requested that the Board reconsider and deny institution of any CBM review of this patent based on the ’132 patent not qualifying for covered business method patent review. Continue reading
Terminating Proceedings IPR2014-00041, 43, 51, 55, 55
In the Decision, the Board granted Patent Owner’s motions addressing (1) whether Petitioner had identified all real-parties-in-interest (“RPIs”) in its Petitions, and (2) what relief should be granted if Petitioner failed to identify all RPIs in its Petitions, and thus vacated its decisions on institution in each of the five cases and terminated each of the proceedings. Continue reading
Denying Institution CBM2014-00166
In its Decision, the Board found that Petitioner failed to satisfy the standing requirements under 37 C.F.R. § 42.304(a) to a file a Petition for covered business method patent review because the Petition did not provide sufficient proof that Petitioner was “charged with infringement of the patent.” Continue reading