Teva Pharmaceuticals USA, Inc., Civil Action 14-1451 (D. The parties agreed that a Complaint had been served on Decemin Reckitt Benckiser Pharmaceuticals, Inc., RB Pharmaceuticals Limited, et al v. In an order entered on May 23, 2016, institution was denied in both proceedings as barred by the one year statutory bar of 35 U.S.C. Additionally service had not been completed before the midnight deadline. The documents were electronically filed but proof of payment of filing fees were one minute and nine minutes late, respectively. Institution was denied in two IPR proceedings on the grounds that the petitions were filed more than one year after petitioner was served with a complaint alleging patent infringement.
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Hartzell on Posted in Institution / Denial, Trial Procedures But those providing valuation and patent strategy applications will want to note that this data is available – and that it is important.By Julianne M. So, this IPR has a substantial effect on the claims is US 5,652,544.ĬLAIMS Direct developers supporting prior art and patentability searchers may choose not to expose this data. Patent 5,652,544 have been shown to be unpatentable įURTHER ORDERED that claims 20 and 23 of the ’544 patent have not been shown to be unpatentable andįURTHER ORDERED that because this is a Final Written Decision, parties to the proceeding seeking judicial review of the decision must comply with the notice and service requirements of 37 C.F.R. We further conclude that claims 20 and 23 have not been shown to be unpatentable by a preponderance of the evidence. claims 14 and 18 are unpatentable under 35 U.S.C. § 103 over Sudo, Krokstad, and TMS320 andĤ. claims 7, 24, and 26 are unpatentable under 35 U.S.C. In this case, the following decision was made.įor the reasons set forth above, we are persuaded that Petitioner has shown by a preponderance of the evidence that:ġ. The case number “IPR2014-00131” can be used to look up the case at the USPTO. The following legal status event is contained in the XML’s legal-status container:ĪIA TRIAL PROCEEDING FILED BEFORE THE PATENT AND APPEAL BOARD: INTER PARTES REVIEW A recent patent where a decision has been rendered is US-5652544-A - a Crest Audio patent for “Apparatus and method for programming an amplifier”. The CLAIMS Direct SOLR query “ pnctry:US AND lscode:IPR” returns all patents where IPR appeals have been filed. Decisions are found on the Final Decision search page. Cases can be accessed on the Patent Review Processing System ( PRPS). However, once you determine that there is an event, it is easy to look it up on the USPTO’s PTAB web site. Outcomes are not available through CLAIMS Direct. These are the number of documents with PTAB related legal status events: Using CLAIMS Direct, we can easily determine the following document counts. PGR: AIA TRIAL PROCEEDING FILED BEFORE THE PATENT AND APPEAL BOARD: POST-GRANT REVIEW.IPR: AIA TRIAL PROCEEDING FILED BEFORE THE PATENT AND APPEAL BOARD: INTER PARTES REVIEW.CBM: AIA TRIAL PROCEEDING FILED BEFORE PATENT TRIAL AND APPEAL BOARD: COVERED BUSINESS METHODS.The following legal status codes ( lscode) are available: To find all patent documents that are involved in IPR reviews, one can search using the search term “ lscode:IPR”. The CLAIMS Direct Legal Status XML container contains information on PTAB activity, as well as many other legal status events. The PTAB also rules on Interferences (conflicting application priorities). Specifically, the PTAB deals with Inter Partes Disputes. Anyone can appeal an examiner’s decision on patentability or the rejection of claims. The PTAB makes decisions on patentability after the initial patent examination. The Patent Trial and Appeal Board (PTAB) was formed as part of the December 2014 America Invents Act (AIA).
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