The Patent Trial and Appeal Board (PTAB) denied a petitioner’s request for rehearing of its decision declining institution of inter partes review of a patent owned by Bose Corporation (“Patent Owner.”) The PTAB upheld its finding that the supporting declaration of Petitioner’s expert relied on “a far too general reason” to combine prior art, was conclusory, and engaged in impermissible hindsight.
The Patent Trial and Appeal Board (PTAB) recently denied institution of an inter partes review (IPR), holding that the patent at issue had an effective filing date antedating the primary prior art reference. The petitioners–ESET, LLC and ESET spol s.r.o. (collectively, “ESET”)–filed an IPR petition against U.S. Patent No. 8,079,086 (the “’086 Patent”). ESET concurrently moved for joinder with FireEye, Inc. v. Finjan, Inc., IPR2016-01444 (the “01444 proceeding”), which also challenged the ’086 Patent. The ’086 Patent is directed to systems and methods of protecting computers from malicious operations controlled by remotely operable code. The ’086 Patent is a continuation-in-part of U.S. Patent No. 7,613,926 (the “’926 Patent”), which was the subject of Palo Alto Networks, Inc. v. Finjan, Inc., IPR2016-00145 (the “00145 proceeding”).
Judge Denise Casper of the District of Massachusetts recently issued an order concluding that estoppel did not bar prior art from invalidity disclosures served before the filing of the IPR petition because the prior art was not raised during the IPR.
In a recent decision, Judge Schroeder of the Eastern District of Texas rejected the argument that decisions of the United State Patent and Trade Office (USPTO) invalidating patents held infringed by a jury means that a defendant cannot be held liable for willful infringement where appellate review of the invalidity decisions is still ongoing.
On October 6, 2017, the Patent Trial and Appeal Board (the “Board”) granted institution of inter partes review under 35 U.S.C. § 103(a) of claims directed to an online game. Notably, institution was granted despite the Board reserving determination on the patent owner’s argument that the petition should be denied under 35 U.S.C. § 315(b) as time-barred.
A Patent Trial and Appeal Board (PTAB) panel declined to institute an inter partes review (IPR) of a claim directed to a method for treating low grade B-cell non-Hodgkin’s lymphoma. The challenged method required patients to be treated with cyclophosphamide, vincristine, and prednisone (CVP) chemotherapy, followed by four once-weekly doses of 375 mg/m2rituximab, an anti-CD20 antibody, every six months for two years.
On September 9, 2017, an Eastern District of Texas magistrate judge issued a report and recommendation holding that a plaintiff was estopped from asserting its patent infringement claims because statements made in response to an inter partes review (IPR) petition constituted a disclaimer.
In Broad-Ocean Technologies, Inc. v. Regal Beloit America, Inc., No. IPR2017-00802 (PTAB Aug. 22, 2017), Broad-Ocean sought to institute an inter partes review (IPR) of a patent owned by Regal Beloit (the “’476 patent”). Broad-Ocean and Regal are competing manufacturers of electric motors and power generation products. Regal had previously sued Broad-Ocean in the Eastern District of Missouri for infringing the ’476 patent, which covers a “Snap-Fit  Housing Assembly and Seal Method” for a combustion furnace blower.