A Decision Not to Institute a Trial at the PTAB Does Not Carry Much Weight in Federal Court

By Tom Engellenner Two recent cases show that simply avoiding a post-grant review proceeding at the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB) not only does not preclude a defendant in underlying patent infringement litigation in a federal district court from raising the same invalidity arguments again, it also may not even influence … Continue reading A Decision Not to Institute a Trial at the PTAB Does Not Carry Much Weight in Federal Court

Fed. Circuit Affirms PTAB’S CBM Decision Based on a Ground Not Raised By Petitioner

By Reza Mollaaghababa In SightSound Technologies, LLC v. Apple, Inc. (CBM2013-00020), the Court of Appeals for the Federal Circuit (the patent appellate court) recently affirmed the decision of Patent Trial and Appeal Board (PTAB) to invalidate certain claims of SightSound’s patents 5,191,573 and 5,966,440 in a covered business method (CBM) proceeding based on an obviousness … Continue reading Fed. Circuit Affirms PTAB’S CBM Decision Based on a Ground Not Raised By Petitioner