In its Final Written Decision, the Board found that Petitioner established by a preponderance of the evidence that the challenged claims of the ’503 patent are unpatentable. The ’503 patent “is directed to a microfluidic device for analyzing and/or sorting biological materials. Continue reading
Category Archives: Secondary Considerations
Institution Denied IPR2015-01792
In its Decision, the Board found that Petitioner had not established a reasonable likelihood that it would prevail in showing unpatentability of any of the challenged claims (1-10) of the ’522 Patent, and denied institution of inter partes review. The ’522 Patent is directed in part to polynucleotides encoding the extracellular region of an insoluble human TNF receptor (“TNF-R”).
Final Written Decision finding Displayed Poster to be a Printed Publication IPR2014-00513
In its Final Written Decision, the Board found that Petitioner had proven that claim 10 is unpatentable as obvious, but had not proven the unpatentability of claims 17 and 18. The Board also granted Patent Owner’s Motion to Amend and denied its Motion to Exclude Evidence. The ’550 patent “discloses using a ‘Mycobacterium smegmatis porin (Msp)’ to detect analytes in liquid media.” Continue reading
No Nexus When The Commercial Success Is Dependent On An Element In The Prior Art IPR2014-01240
Takeaway: If commercial success is due to an element in the prior art, no nexus exists.
In its Final Written Decision, the Board determined that claims 1-17 of the ’268 patent are unpatentable under the asserted grounds. Continue reading
Final Written Decision finding Four-Month Period of Inactivity Sufficient to Defeat Patent Owner’s Claim of Diligence IPR2014-01209
Final Written Decision Finding Assertions of Long-Felt Need to be Unpersuasive IPR2014-01188
Takeaway: To support a conclusion of nonobviousness, an alleged long-felt need must have been a persistent one that was recognized by those of ordinary skill in the art, must not have been satisfied by another before the challenged patent, and must have been satisfied by the claimed invention. Continue reading
Final Written Decision Finding Challenged Claim Unpatentable IPR2014-01158
In its Final Written Decision, the Board determined that Petitioner had shown that all challenged claims of the ’888 Patent are unpatentable. The ’888 Patent discloses an audio recording device that the specification terms a “music jukebox.”
All Challenged Claims Found Unpatentable Over Unpersuasive Secondary Considerations IPR2014-01161
In its Final Written Decision, the Board determined that Petitioner had demonstrated by a preponderance of the evidence that claims 1 and 3 of the ’920 patent are unpatentable. Continue reading
Final Written Decision Finding Challenged Claims Unpatentable and Denying Motion to Amend IPR2014-01154
Takeaway: A patent owner’s duty of candor and good faith to the Board may require that the patent owner demonstrate, in a motion to amend, making a good faith attempt to determine whether any prior art known to it discloses the additional limitations introduced in the proposed amended claims, even where a large number of prior art references have been cited in related applications. Continue reading
Denial Of Request for Rehearing Of Final Written Decision That Alleged Secondary Considerations Without Sufficient Evidence IPR2013-00549
In its Decision, the Board denied Patent Owner’s request for rehearing. The Board modified its Decision to replace the word “captioned” with the word “voice-to-text.” This modification, however, does not affect the substance of the underlying Decision. Continue reading