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Inequitable conduct defense fails after PTAB denies IPR institution based upon allegedly “but-for” material reference

Jaguar-v.-Bentley-EDVA-Apr-30-2020 Concurrent with the litigation it filed in the Eastern District of Virginia, Bentley Motors (“Bentley”) filed a petition for IPR with the PTAB based on certain prior art referred to by the Court as “the Porsche 959 prior art.”  The day before its reply brief was due in the litigation, PTAB denied institution of […]

“No risk trial” is an offer for sale, and triggers the on-sale bar

And relying on the exemplary data provided with the offer as proof of reduction to practice, without disclosing the offer, is not a good idea.  GS Cleantech v Adkins Energy, No. 2016-2231 (Fed. Cir. March 2, 2020). The US District Court for the Southern District of Indiana (“District Court”) found four of Appellants patents (US […]