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Prior Conception Defeats Otherwise Sufficient Derivation Showing - Patent

In its second-ever Final Written Decision in a derivation proceeding, the Patent Trial and Appeal Board ("PTAB") determined that a patent application for a biocidal composition. ....

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Prior Conception Defeats Otherwise Sufficient Derivation Showing | Jones Day

In its second-ever Final Written Decision in a derivation proceeding, the Patent Trial and Appeal Board (“PTAB”) determined that a patent application for a biocidal composition and. ....

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Director Review Orders Additional Discovery On Time Bar-RPI Issue - Patent

In Samsung Electronics Co., Ltd. v. Netlist, Inc., the PTAB determined that a time-barred third party was not a real party in interest ("RPI") and granted institution. IPR2022-00615, Paper 20 (Oct. 19, 2022). ....

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PTAB Director Remands Decision on Fintiv Issues

For institution decisions, Fintiv factors must be considered prior to assessment of compelling merits standard. Some analysis beyond reasonable likelihood standard is required in assessing compelling merits. Director review will likely continue to serve guidance role. ....

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Director Vidal Removes OpenSky And PQA From VLSI IPRs, Orders Sanctions - Patent

On December 22, 2022, Director Kathi Vidal issued a pair of decisions in the OpenSky v. VLSI saga, dismissing OpenSky Industries LLC ("OpenSky") and Patent Quality Assurance LCC ("PQA"). ....

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