institution of trial | Harness Dickey

January 7, 2021

It’s OK to Give Less Weight to Suggestive and Descriptive Terms when Comparing Marks as a Whole

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January 6, 2021

Even If Phrase Was In the Preamble, it is a Claim Limitation that was Not Met

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December 29, 2020

Late Request For Leave to Amend Complaint to try to Save Patent on Ineligible Subject Matter Denied

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December 23, 2020

A Preference for Something Else is not Teaching Away

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December 7, 2020

Breach of Confidentiality Agreement Required Transfer for Resulting Patents

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November 26, 2020

Petitioner Can Substantiate Prior Art When Challenged by Patent Owner

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August 3, 2015

Joinder Provisions of IPR Continue to Save Co-Defendants in Litigation

By: Matthew L. Cutler, Principal

April 3, 2015

IPR Incorporation by Reference Argument Not Enough to Save Priority Claim

By: Matthew L. Cutler, Principal

December 18, 2014

PTAB Will Not Review Contract Issues Even if They Relate to Standing

By: Matthew L. Cutler, Principal

November 4, 2014

Ornamental Feature of Claim Given No Patentable Weight by PTAB in Obviousness Analysis

By: Matthew L. Cutler, Principal

October 20, 2014

Later Priority Date for IPR-Challenged Patent Where No Written Description in Parent

By: Matthew L. Cutler, Principal

February 5, 2014

Dell Ends Up With a Mixed Bag of Results in 2 IPR Petitions Filed Against Acceleron

By: Matthew L. Cutler, Principal

January 10, 2014

IPR Petition Must Be Filed Within One Year of First Infringement Complaint Filed by Patent Owner

By: Matthew L. Cutler, Principal

January 8, 2014

Inherency Argument Comes Up Short in Inter Partes Review Petition

By: Matthew L. Cutler, Principal

December 12, 2013

Hindsight and Teaching Away Arguments Fall Short in Decision to Initiate IPR Trial

By: Matthew L. Cutler, Principal

December 10, 2013

Board Agrees that Petition Failed to Set Forth Relevant Claim Construction, But Finds Error Harmless

By: Matthew L. Cutler, Principal

December 9, 2013

Attorney Argument in Preliminary Response Continues to be Trumped by Expert Evidence from Petition

By: Matthew L. Cutler, Principal

December 3, 2013

Burden is on Petitioner to Prove Priority Date of Patent Challenged in Inter Partes Review

By: Matthew L. Cutler, Principal

November 23, 2013

Dismissal of District Court Case, Without Prejudice, Removes Time Bar of 35 USC § 315(b)

By: Matthew L. Cutler, Principal

November 22, 2013

Board Gives No Weight to Previous Examiner and District Court Decisions that Prior Art Was Antedated

By: Matthew L. Cutler, Principal

November 21, 2013

Rehearing? PTAB Mostly Says “We Heard You Well Enough the First Time…” – Part II

By: Matthew L. Cutler, Principal

November 20, 2013

Rehearing? PTAB Mostly Says “We Heard You Well Enough the First Time…” – Part I

By: Matthew L. Cutler, Principal

November 19, 2013

PTAB Claim Construction Ruling Wipes out Half of Challenged Grounds, But Trial Still Initiated

By: Matthew L. Cutler, Principal

November 18, 2013

Copyright Notice without Day and Month Insufficient to Establish Reference as Prior Art

By: Matthew L. Cutler, Principal

November 7, 2013

Operability of Combined References Considered by PTAB in Obviousness Analysis

By: Matthew L. Cutler, Principal

October 31, 2013

Shoe Wars Reach PTAB as Inter Partes Review Brought by Adidas is Granted Against Nike Patent

By: Matthew L. Cutler, Principal