In its Order, the Board mooted Patent Owner’s Request for Authorization to depose Petitioner’s declarant and ordered Petitioner to expunge the declarant’s testimony from the proceedings. Continue reading
Monthly Archives: December 2015
Reply to Preliminary Response Authorized To Address Standing CBM2015-00168, 178
In its Order, the Board authorized Petitioner to file a Reply to Patent Owner’s Preliminary Response limited to addressing Petitioner’s interpretation of statutes and regulations related to the issue of standing. The Board also authorized Petitioner to file an additional briefing regarding the claim construction issue. Continue reading
Decision Denying Institution Where A Technological Invention Exists CBM2015-00116
In its Decision, the Board did not institute covered business method patent review of any challenged claim of the ‘246 patent. The Board reached this conclusion because it was not persuaded that ‘246 patent qualifies as a “covered business method patent” under § 18(d)(1) of the AIA.
Final Written Decision Finding Challenged Claim Not Unpatentable IPR2014-01002
In its Final Written Decision, the Board determined that Petitioner had not shown by a preponderance of the evidence that claim 10 of the ’509 patent is unpatentable. The ’509 patent “is directed to aluminum-lithium based alloy products displaying a combination of high strength and high fracture toughness.” Inter partes review of claim 10 had been instituted on three grounds of unpatentability based on obviousness. Continue reading
Granting Motion to Strike Objections for Being Untimely IPR2015-00224
In its Order, the Board granted Petitioner’s opposed motion to strike Patent Owner’s objections to Petitioner’s evidence. Patent Owner had objected to Petitioner’s declaration submitted with the Petition where the witness allegedly “admitted during his deposition that the opinions he presents in the [declaration] are not based on sufficient facts or data, are not the product of reliable principles and method, and are not reliably applied to the facts of this proceeding.” Continue reading
Institution of Inter Partes Review IPR2015-01117
In its Decision, the Board found a reasonable likelihood that Petitioner would prevail on its challenges to claims 1-12 of the ’012 Patent, and instituted inter partes review. The ’012 Patent is directed to “treatment of patients with nitrogen retention states, in particular urea cycle disorders (UCDs) . . . [by] administer[ing] compounds that assist in elimination of waste nitrogen from the body.”
Motion to Stay Reissue Proceedings Denied as Premature IPR2015-01690; IPR2015-01691
In its Order, the Board determined that a stay of ex parte reissue proceedings was not warranted at this time. The patent-at-issue in the inter partes review proceedings is also currently the subject of three ex parte reissue proceedings. Petitioner sought authorization to file a motion to stay the ex parte reissue proceedings, and Patent Owner opposed.
Final Written Decision Finding Claims Unpatentable Where A Nexus For Secondary Considerations Is Not Established IPR2014-00680
In its Final Written Decision, the Board found that claims 7-11 of the ‘586 patent were demonstrated by a preponderance of the evidence to be unpatentable. Also, the Board granted-in-part, denied-in-part, and dismissed-in-part as moot, Petitioner’s Motion to Exclude. Patent Owner’s Motion to Exclude was denied, as well.