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CPR’s accounts were frozen following a February 27 order by MHA suspending its registration certificate. A single judge bench of Justice Subramonium Prasad listed the matter Wednesday, asking the Centre’s counsel to show the dictionary meaning of the word utilisation.
Party asserting IPR estoppel bears the burden of proof because it is the party asserting and seeking benefit from the affirmative defense of IPR estoppel. Reasoning consistent with general principle that party asserting an affirmative defense bears the burden to prove it.
USPTO Director affirmed and designated as precedential a Patent Trial and Appeal Board decision denying institution of an inter partes review petition where the expert declaration presented conclusory assertions without underlying factual support as in Xerox Corp v. Bytemark.
The Federal Circuit concluded that the PTO Director does not need to complete review of the Patent Trial and Appeal Board's IPR decision within statutory deadline for final written decision. Google filed two IPR petitions challenging certain claims of CyWee’s patents.
Federal Circuit dismissed appeal, finding it lacked appellate jurisdiction to review a Patent Trial & Appeal Board Board decision to vacate an institution decision of inter partes review IPR based in part on the Board’s time bar evaluation. Atlanta Gas Light Co. v. Bennet Regulator Guards