Shifting Burden Dooms Patent Owner

Shifting Burden Dooms Patent Owner, PTAB Litigation Blog

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In a Final Written Decision, the PTAB declared claims of a patent unpatentable after finding the patent was not entitled to the earlier priority date of the anticipatory reference in Platinum Optics Technology, Inc. v. Viavi Solutions Inc., IPR2022-01489 (Apr. 11, 2024). Notably, the PTAB shifted the burden of production to Patent Owner to show the ’794 patent was entitled to the filing date of the reference (the “Hendrix” reference) and Patent Owner ultimately failed to show the claims of the ’794 patent had adequate written description support in Hendrix to claim priority.

* Hailey Stewart, a Summer Associate in Jones Day’s Washington Office assisted in the preparation of this blog

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