No. 19-829

Chrimar Systems, Inc. v. Juniper Networks, Inc., et al.

Lower Court: Federal Circuit
Docketed: 2019-12-31
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure burden-of-proof due-process evidence inter-partes-review patent patent-challenge patent-law reply reply-evidence
Key Terms:
Patent
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Did the Patent and Trademark Trial and Appeal Board violate 35-USC-312(a)(3) and 35-USC-316(a)(8)

Question Presented (OCR Extract)

QUESTION PRESENTED When a party files a petition for Inter Partes Review, the petition “must identify ‘each claim challenged,’ the grounds for the challenge, and the evidence supporting the challenge. § 312(a)(3).” SAS Institute Inc. v. Iancu, 138 8.Ct. 1348, 1353 (2018) (emphasis added). A patent owner has the right to respond to the petitioner’s arguments and evidence. 35 U.S.C. § 316(a)(8). Yet the Respondents filed Inter Partes Review petitions that presented no evidence (for Ground 1) and conclusory evidence (for Ground 2) on essential elements of their prima facie case, and then submitted extensive new evidence to support these grounds with their “replies.” THE QUESTION PRESENTED IS: Did the Patent and Trademark Trial and Appeal Board violate 35 U.S.C. § 312(a)(3) when it allowed, and refused to strike, Respondents’ extensive new reply evidence, and 35 U.S.C. § 316(a)(8) when it refused Petitioner’s request to submit responsive evidence?

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2020-01-08
Waiver of right of respondent Juniper Networks, Inc. to respond filed.
2020-01-06
Waiver of right of respondents Ruckus Wireless, Inc. and Netgear, Inc. to respond filed.
2019-12-18
Petition for a writ of certiorari filed. (Response due January 30, 2020)

Attorneys

Chrimar Systems, Inc.
Frank A. AngileriBrooks Kushman, P.C., Petitioner
Frank A. AngileriBrooks Kushman, P.C., Petitioner
Juniper Networks, Inc.
Jonathan S. KaganIrell & Manella LLP, Respondent
Jonathan S. KaganIrell & Manella LLP, Respondent
Ruckus Wireless, Inc. and Netgear, Inc.
Robert L. ByerDuane Morris LLP, Respondent
Robert L. ByerDuane Morris LLP, Respondent