PTAB Designates Three Decisions Precedential

The Patent Trial and Appeal Board (PTAB) today designated three decisions precedential:

  • K-40 Electronics, LLC v. Escort, Inc., Case IPR2013-00203 (PTAB May 21, 2014) (Paper 34): This order provides factors that may be considered in determining whether to permit live testimony.
  • DePuy Synthes Products, Inc. v. MEDIDEA, LLC., Case IPR2018-00315 (PTAB Jan. 23, 2019) (Paper 29): This order determines that the testimony of an inventor at the oral hearing is considered new evidence, and not permitted, if a declaration from the inventor has not been previously provided.
  •, Inc. v. Uniloc Luxembourg S.A., Case IPR2017-00948 (PTAB Jan. 18, 2019) (Paper 34): This decision determines that 311(b) does not preclude Petitioner from raising, or the Board from considering, other grounds of unpatentability, including 101, as to substitute claims not yet part of a patent, in the context of a motion to amend.

For more information, please see the PTAB’s Precedential and Informative Decisions page on the USPTO website.