by Jones Day's ITC Litigation Team | Oct 3, 2019 | Invalidity, Prior Art Issues
Since their inception as part of the AIA, inter partes reviews (IPRs) have been a favorite tool in the arsenal of patent challengers. Their statutorily mandated 18-month schedule oftentimes allows the PTAB to resolve a question of patent validity...
by Jones Day's ITC Litigation Team | Jun 24, 2019 | Discovery, Evidentiary Issues, Expert Witnesses, Prior Art Issues
Shortly before the evidentiary hearing, ALJ Lord granted Complainant’s motion in limine and excluded certain testimony in the witness statement of Respondents’ expert as precluded by her ground rules governing expert testimony. In re...
by Jones Day's ITC Litigation Team | Jun 7, 2019 | Discovery, Evidentiary Issues, Prior Art Issues
On April 8, 2019, ALJ Cheney issued an order denying the addition of an email to the exhibit list at the eve of the evidentiary hearing. Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators, Inv....
by Jones Day's ITC Litigation Team | Mar 18, 2019 | Invalidity, Motion Practice, Prior Art Issues
[co-author: Robert Levent (Levent) Hergüner, Law Clerk] Administrative Law Judge (“ALJ”) McNamara’s recent order suggests that respondents may be permitted to add defenses if another respondent makes the complainant aware of the defense during discovery. See In the...
by Jones Day's ITC Litigation Team | Mar 28, 2017 | Invalidity, Prior Art Issues
Increasing use of Inter Partes Reviews (IPRs) by patent stakeholders and an increase in the number of ITC complaints heighten the importance of an interplay between IPRs and ITC proceedings. We have previously noted that the ITC does not...
