• Settlement Lesson in IPR: Settle Early!

    by  • January 27, 2014

    35 USC § 317(a) allows parties to terminate an instituted inter partes review (IPR) “with respect to any petitioner … unless the Office has decided the merits of the proceeding before the request for termination is filed.” See also, Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48768 (August 14, 2012) (“the Board expects [...]

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    Patent Owner Must Establish General Patentability to Amend Claims in IPR

    by  • January 16, 2014

    In Idle Free Systems, Inc. v. Bergstrom, the Board relied on the stringent requirements for establishing “general patentability” and denied Bergstrom’s renewed motion to amend the claims. (IPR2012-00027, Paper No. 66). The Board’s decision exemplifies the strict nature of these proceedings by denying Bergstrom’s motion to amend despite agreeing that the proposed claims distinguish over [...]

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