This week the Patent Trial and Appeal Board (PTAB) designated Cisco Systems, Inc. v. C-Cation Techs., LLC, IPR2014-00454 (Paper 12)(Aug. 29, 2014) an informative opinion. In the opinion, an expanded five-judge panel denied Cisco's petition for inter partes review, because the petition was not likely to prevail against a single claim. The opinion stated the petition position for unpatentability was not sufficiently explained and merely cited to some parts of a 250-page declaration. The cites were characterized as prohibited incorporation by reference and an attempt to sidestep the 60-page limit on inter partes review petitions.
The opinion suggests to me to institute inter partes review requires the petition not the declaration do the "heavy lifting" and the last place to look for help in supporting conclusory arguments is the currently overloaded PTAB.
Copyright © 2014 Robert Moll. All rights reserved.
