In its Decision, the Board denied institution of inter partes review for failing to specify all real parties-in-interest in the Petition. In its Preliminary Response, Patent Owner “alleged that Yankon Industries, Inc. (‘Yankon-US’), as well as Lowe’s Companies, Inc. and Lowe’s Home Centers, LLC (collectively, ‘Lowe’s’) should have been identified as real parties-in-interest in the Petition, pursuant to 35 U.S.C. § 312(a)(2).” The Board sua sponte authorized Yankon- China to submit briefing and evidence addressing the real party-in-interest issues. Upon consideration of the “totality of the circumstances,” the Board was “persuaded that Yankon-China should have identified Yankon-US as a real party-in-interest in the Petition.” Continue reading
Category Archives: Filing Date
Granting Institution of One Asserted Ground of Unpatentability IPR2015-00506
Denied grounds did not adequately establish obviousness and, in one instance, relied upon a document not provided with the petition.
In its Decision, the Board found that Petitioner had shown that there is a reasonable likelihood that it would prevail with respect to the challenged claims 1-5 of the ‘973 patent, and instituted trial. The ‘973 patent is directed to light emitting panel assemblies. Petitioner challenged claims 1-5 on five grounds. Continue reading
Denying Motion to Dismiss Petition IPR2015-00519
In its Decision, the Board denied “Patent Owner’s Motion To Deny The Petition A Filing Date For Failure To Serve The Patent Owner At The Correspondence Address Of Record And To Dismiss The Petition For Failure To File The Petition Within One Year After Service Of A Complaint For Patent Infringement.” Continue reading
Granting Motion to Correct Filing Date IPR2015-00239, 240, 241, 242, 243, 247
In its Decision, the Board granted Petitioner’s motion to correct the filing date and accorded the Petition a filing date of November 6, 2014. The Board explained that the “purpose of a petition is to give adequate notice to a patent owner of the basis for relief by laying out the grounds of unpatentability proposed by a petitioner, as well as any supporting evidence.” Continue reading
Decision on Motion to Correct Filing Date IPR2014-00367
In its Decision, the Board granted Petitioner’s Motion to Correct the Petition Filing Date, which Patent Owner did not oppose. In particular, the Board accorded the Petition a filing date of January 18, 2014. Continue reading