Friday, June 15, 2018 9:36:34 PM
MÜchÖ, MÜchÖ Appreciation Double-Aught
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A. The Petition Is Time Barred Under 35 U.S.C. § 315(b)
-- 1. Involvement in a Prior Litigation Creates Privity with the Defendants
-- 2. Petitioner Had Substantial Control over the Delaware Litigation
-- 3. Indemnification Is a Substantive Legal Relationship that Creates Privity with the Delaware Defendants
-- 4. Petitioner Was Adequately Represented in the Delaware Litigation
-- 5. The Board Has Denied Institution Under Similar Facts
B. The Board Should Deny Institution Under 35 U.S.C. § 314(a)
-- 1. Whether the same petitioner previously filed a petition directed to the same claims of the same patent
-- 2. Whether at the time of filing of the first petition the petitioner knew of the prior art asserted in the second petition or should have known of it
-- 3. Whether at the time of filing of the second petition the petitioner already received the patent owner’s preliminary response to the first petition or received the Board’s decision on whether to institute review in the first petition
-- 4. The length of time that elapsed between the time the petitioner learned of the prior art asserted in the second petition and the filing of the second petition
-- 5. Whether the petitioner provides adequate explanation for the time elapsed between the filings of multiple petitions directed to the same claims of the same patent
-- 6. The finite resources of the Board
-- 7. The requirement under 35 U.S.C. § 316(a)(11) to issue a final determination not later than 1 year after the date on which the Director notices institution of review
CONCLUSION
For at least the foregoing reasons, the Board should not institute inter partes review of the ’822 Patent on any of the grounds proposed by Petitioner.
https://s3-us-west-1.amazonaws.com/ptab-filings%2FIPR2018-00570%2F17
If no corruption or judges gotten too, seems like undefendable.
Whitman is brilliant and extremely thorough.
"In Whitman we trust",
Scruffer
Thank you for finding. Great link(s). Bookmarked now.
A. The Petition Is Time Barred Under 35 U.S.C. § 315(b)
-- 1. Involvement in a Prior Litigation Creates Privity with the Defendants
-- 2. Petitioner Had Substantial Control over the Delaware Litigation
-- 3. Indemnification Is a Substantive Legal Relationship that Creates Privity with the Delaware Defendants
-- 4. Petitioner Was Adequately Represented in the Delaware Litigation
-- 5. The Board Has Denied Institution Under Similar Facts
B. The Board Should Deny Institution Under 35 U.S.C. § 314(a)
-- 1. Whether the same petitioner previously filed a petition directed to the same claims of the same patent
-- 2. Whether at the time of filing of the first petition the petitioner knew of the prior art asserted in the second petition or should have known of it
-- 3. Whether at the time of filing of the second petition the petitioner already received the patent owner’s preliminary response to the first petition or received the Board’s decision on whether to institute review in the first petition
-- 4. The length of time that elapsed between the time the petitioner learned of the prior art asserted in the second petition and the filing of the second petition
-- 5. Whether the petitioner provides adequate explanation for the time elapsed between the filings of multiple petitions directed to the same claims of the same patent
-- 6. The finite resources of the Board
-- 7. The requirement under 35 U.S.C. § 316(a)(11) to issue a final determination not later than 1 year after the date on which the Director notices institution of review
CONCLUSION
For at least the foregoing reasons, the Board should not institute inter partes review of the ’822 Patent on any of the grounds proposed by Petitioner.
https://s3-us-west-1.amazonaws.com/ptab-filings%2FIPR2018-00570%2F17
If no corruption or judges gotten too, seems like undefendable.
Whitman is brilliant and extremely thorough.
"In Whitman we trust",
Scruffer
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