IP Litigation Attorney in Washington, District of Columbia

Memorable AIA Trial

Washington, D.C. intellectual property lawyer Matt Phillips shares the story of a memorable AIA trial.

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00:04
one memorable ipr or set of iprs
00:09
was a case in which we
00:12
were representing the patent owner and
00:14
the patent owner had tried but failed to
00:16
get a preliminary injunction in related
00:19
litigation the judge wouldn’t grant the
00:22
injunction because there was some art
00:24
that looked to be dead on i mean it had
00:27
the same terminology as the patent
00:29
claims and even had a block diagram that
00:31
looked just like the one in the patent
00:34
and the judge said but for this close
00:36
prior art which raises a substantial
00:38
question of validity
00:40
i would have granted the preliminary
00:42
injunction
00:43
well the defendant in that case took the
00:46
prior art filed an ipr petition and
00:48
that’s where we got involved we had to
00:50
convince the ptab that this art was
00:54
different
00:55
eventually we did and we were able to
00:59
preserve that victory on appeal we got a
01:01
quick rule 36 affirmance and that was
01:04
very satisfying

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