A pair of recent PTAB institution decisions highlights that petitioners should be cautious when relying on prior art that was cited during the prosecution of the challenged patent. Pursuant to 35 U.S....
John L. Welch's article titled "TTAB grants motion for summary judgment as to fraud counterclaim" was published by World Trademark Review. Read more (subscription required).
Collateral estoppel, or issue preclusion, is the legal doctrine that bars a litigant from re-litigating in subsequent litigations an issue that it lost in an earlier litigation. The doctrine had been ...
Many things in life are better done with someone else: board games, dinner parties, road trips, riding tandem bicycles. However, according to the PTAB, there’s one particular area where it’s best to f...
Evidence of skepticism of others in an IPR can be used to support the patentability of claims in response to obviousness challenges—skepticism is a standard “objective indicia” or secondary considerat...
IPRs are often filed to challenge important patents – the same patents likely to be tested in litigation. In such circumstances, parties should pay careful attention when asserting arguments in the IP...
John L. Welch's article titled "TTAB cancels TAO VODKA registration" was published by World Trademark Review. Read more (subscription required).
Expert testimony is a feature of most IPRs, and effective expert testimony can make or break a party’s position. When evaluating expert testimony, the PTAB may consider several issues. First, are the ...
An article authored by Jennifer Bush titled “A Rare Binding PTAB Decision: Guidance On Multiple Petitions” was published in Law360. In this article, Jennifer discusses the PTAB’s decision in General P...