Page 2 - Dynamic Drinkware News Today

In March 2023, the Patent Trial and Appeal Board (Board) addressed in Penumbra, Inc. v. Rapidpulse, Inc.,  IPR2021-01466, Paper 34 (Mar. 10, 2023), a key issue in inter partes reviews: how to establish a reference patent as prior art based on the filing date of an earlier-filed application, such as a provisional.

In a precedential final written decision, the Patent Trial & Appeal Board concluded that a patent does not need to contain a claim supported by a provisional application’s disclosure to...

The USPTO has made precedential a recent PTAB decision, Penumbra, Inc. v. RapidPulse, Inc., where the PTAB reaffirmed the USPTO's existing position that Dynamic Drinkware does not apply to AIA patents.

What You Need to Know ...

Today, the Director of the U.S. Patent Office designated the final written decision in Penumbra, Inc. v. RapidPulse, Inc., IPR2021-01466, Paper 34 (March 10, 2023) precedential as to...

USPTO Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board decision from March of this year that held a precedential Federal Circuit ruling on prior art determinations for provisional patent applications applies only to pre-America Invents Act (AIA) patents.

Spotlight on Upcoming Oral Arguments – April 2023

On June 1, 2022, the Patent Trial and Appeal Board issued a Final Written Decision finding unpatentable three claims of AutoStore Technology AS's ("AutoStore's") U.S. Patent No. 10,294,025 ("the '025 patent"), while finding another claim not patentable.

In a January 27, 2022 non-precedential decision in IPR2021-01328, the Patent Trial and Appeal Board ("PTAB") denied institution of an inter partes review ("IPR") proceeding because the petitioner failed to prove...