Category Archives: IPR

Inter Partes Reexamination May Proceed Even If The Requester Has a Change-of-Heart

Author: Jeffrey D. Smyth
Editor: Sydney R. Kestle

In In re AT&T Intellectual Property II, LP, No. 16-1830 (Fed. Cir. May 10, 2017), the Federal Circuit held that the Board did not exceed its statutory authority when instituting an inter partes reexamination because a request and a requester were present at the time of institution. Continue reading

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Let’s Try This Again: Failure to Consider Evidence of Ordinary Skill in IPR Justifies Remand

Author: Christopher B. McKinley
Editor: Jeff T. Watson

In Ariosa Diagnostics v. Verinata Health, Inc., Nos. 15-1215, 15-1226 (Fed. Cir. Nov. 16, 2015), the Federal Circuit remanded an IPR to the PTAB because the language of the PTAB’s nonobviousness decision left open the possibility that it impermissibly declined to consider an exhibit as evidence of the background understanding of skilled artisans. Continue reading

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