Failure to Challenge Patent Owners Assertions Pr

Failure to Challenge Patent Owner’s Assertions Proves Detrimental, PTAB Litigation Blog

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The PTAB recently denied institution of inter partes review of a patent directed to determining the pitch of roofs after finding that Petitioner failed to directly challenge the sufficiency of Patent Owner’s priority assertions in Roofr Inc. v. Eagle View Technologies Inc., IPR 2023-00437.  The PTAB determined that Patent Owner placed in the record evidence that called into question the prior art status of a reference (the “Kennedy” reference) and Petitioner did not adequately challenge that Kennedy was not prior art.

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