GE Denied

General Electric Co. v. Raytheon Technologies Corporation, fka United Technologies Corporation, Case No. 19-1012.

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John P. Isacson

On February 24, 2020, we reported on GE’s petition for certiorari to the Supreme Court. The petition sought review of the Federal Circuit’s doctrine on Article III standing for petitioners to appeal IPR decisions, which essentially required a possibility of an infringement suit against the petitioner. The petition was based in large part on Federal Circuit Judge Todd Hughes’ views that the Federal Circuit applied too strict a standard.

On May 26, 2020, the Supreme Court denied the petition for certiorari.

Proposed PTAB Rule Changes

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John P. Isacson

On May 27, 2020, the Federal Register published proposed rule changes to trial procedures before the PTAB. The rule changes address and codify the following:

(1) Institution will be on all challenged claims or none, and on all asserted grounds if there is institution;

(2) Permit sur-replies to principal briefs, and response and replies to decisions on institution; and

(3) Eliminate the presumption in favor of the petitioner at the institution phase for a genuine issue of material fact created by testimonial evidence submitted in a preliminary response from a patent owner.

Comments to the rules must be received by the USPTO by June 26, 2020.

The rules are published at 85 FR 31728 (May 27, 2020), and can accessed here.

Another Non-Appealable Issue

Esip Series 2, LLC v. Puzhen Life USA, Appeal No. 2019-1659 (Fed. Cir., May 19, 2020)

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John P. Isacson

Puzhen petitioned for an IPR against Esip’s patent relating to a combining of germicidal protection and aromatic diffusion in an enclosed space. Some of the claims were held to be obvious by the PTAB and the Federal Circuit affirmed on that issue. Continue reading “Another Non-Appealable Issue”