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ARTICLE · 18 JULY 2018

PTAB Designates Five Decisions As Informative

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On July 10, 2018, the PTAB announced the designation the following five decisions as informative:

United StatesIntellectual Property
Richard Graham Jr.
Richard Graham Jr.
Matthew Johnson
Matthew Johnson
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On July 10, 2018, the PTAB announced the designation the following five decisions as informative:

Colas Sols. Inc. v. Blacklidge Emulsions, Inc., Case IPR2018-00242, Paper 9 (Feb. 27, 2018) – holding that 35 U.S.C. § 315(a)(1) bars institution of an inter partes review where a petitioner files a declaratory judgment action challenging the same patent before filing a petition. The filing of a motion for joinder does not except a petition from the statutory bar of § 315(a)(1). The time bar of § 315(b) specifically states that it "shall not apply to a request for joinder under subsection (c)," whereas § 315(a)(1) does not include similar language.

Ariosa Diagnostics v. Isis Innovation Ltd., Case IPR2012-00022, Paper 55 (Aug. 7, 2013) – applying 37 C.F.R. § 42.53, which governs the taking of testimony in trail proceedings, and setting forth 12 general guidelines for taking a deposition in a foreign language.

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