The Patent Trial and Appeal Board (PTAB) partially dismissed Facebook, Inc. and WhatsApp Inc. from an inter partes review (IPR) proceeding on estoppel grounds, where both parties were involved in an earlier proceeding on the same challenged claims.
The Patent Trial and Appeal Board (“PTAB”) granted-in-part Patent Owner Twilio Inc.’s motion for additional discovery pursuant to 37 C.F.R. § 42.51(b)(2). Though the “Patent Owner delayed in seeking the requested discovery” and its “requests lack[ed] clarity and [were] overbroad,” the PTAB nevertheless allowed limited additional discovery to four specific documents which Patent Owner had identified as satisfying the discovery requests.
The Delaware District Court issued an order on June 7, 2018 denying a party’s motion to lift a stay following the Patent Trial and Appeal Board’s (PTAB) final written decision in a parallel inter partes review (IPR) proceeding. Magistrate Judge Fallon determined that, in the aftermath of the Supreme Court’s recent decision in SAS Institute, Inc. v. Iancu, the PTAB’s partial institution of IPR was insufficient to satisfy the parties’ originally agreed upon stipulation—that the PTAB resolve all challenged claims—to fulfill the stay.
The Federal Circuit ruled that when a defendant is incorporated in a state that has multiple judicial districts, the defendant will reside in only one of the districts for venue purposes under the patent venue statute, 28 U.S.C. § 1400(b). Under the residence prong, venue is proper where the defendant has its principal place of business or, if none, where the defendant has its registered office.
On May 14, 2018, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (the “Board”) Final Written Decision in an inter partes review (IPR) proceeding holding all claims of Anacor Pharmaceuticals, Inc.’s (“Anacor”) U.S. Patent No. 7,582,621 unpatentable for obviousness. The single claim addressed on appeal related to a method of using an oxaborole known as “tavaborole” to treat onchomycosis (a nail infection) caused by a dermatophyte. Dermatophytes are a type of fungus responsible for 90 percent of all cases of onchomycosis.
The Patent Trial and Appeal Board (“PTAB”) granted Petitioners RPX Corporation and Advanced Micro, Device, Inc.’s unopposed motion to submit supplemental information pursuant to 37 C.F.R. § 42.123(a). Petitioners requested permission to file an IEEE Declaration that attested to the public availability and authenticity of one of the references which served as the basis for which trial was instituted.
The District Court for the Central District of California recently found that plaintiff Akeso Health Sciences, LLC’s 10-year delay in filing its patent infringement claims justified granting defendant Designs for Health, Inc.’s (DFH) motion for summary judgment on equitable estoppel grounds.
The Federal Circuit recently upheld a decision by the Patent Trial and Appeal Board (PTAB) which found that inter partes review (IPR) proceedings challenging patents related to marine seismic survey systems were not time-barred.