Precedential and Key Federal Circuit Opinions - MALVERN PANALYTICAL INC. v. TA INSTRUMENTS-WATERS LLC [OPINION] (2022-1439, 11/1/2023) (Prost, Hughes, and Cunningham) - .
USPTO Director Kathi Vidal issued an Order last week in a sua sponte Director Review proceeding asking the parties to Spectrum Solutions LLC v. Longhorn Vaccines & Diagnostics, LLC and any interested amici to weigh in on the appropriate sanctions remedy when a party withholds evidence in an AIA proceeding.
Whether an argument raised in a Petitioner Reply falls within the scope of permissible arguments following a Patent Owner Response in IPR proceedings is a frequent source of dispute.
The Patent Trial and Appeal Board rejected a patent owner's argument that the Board should exercise its discretion to deny a petitioner's inter partes review (IPR) petition because Petitioner.