Shareholder Andrew Turner Quoted Discussing Recent Precedential PTAB Rulings by Law360

Friday, September 06, 2019

SOUTHFIELD, Mich. – Brooks Kushman Shareholder Andrew Turner was featured in a Law360 September 5, 2019 article, “A Look Back At The PTAB's Summer Of Precedent.”

Over the past summer months, the Patent Trial and Appeal Board (PTAB) has designated five recent decisions as precedential, a designation that makes them binding on all panels at the board. One precedential decision of the summer arose due to a series of challenges that Valve brought against Electronic Scripting patents covering virtual reality technology. This is the second decision from Valve’s challenges to be designated as precedential.

This decision expands the PTAB’s 2017 ruling in General Plastic v. Canon, which identifies factors considered by the Board when deciding whether to reject petitions that challenge the same patent as a previous petition.  An important General Plastics factor considers whether the same petitioner has already filed a challenge to the patent.

The Valve decision stated that this factor applies to a joined petitioner. Because Valve previously joined a challenge HTC brought against Electronic’s patent, the board determined that Valve already filed a petition “directed to the same claims of the same patent.” Turner commented, "Similar to the first Valve decision, the board is showing they’ll expand the first General Plastic factor from the same petitioner to a different petitioner that is somehow related.”

A registered patent attorney with degrees in both electrical and mechanical engineering, Turner focuses his practice on patent prosecution and post-grant proceedings. He is the co-chair of Brooks Kushman’s post-grant proceedings practice, and has extensive experience with hybrid electric vehicles, LED lighting systems, audio systems, electric machines, controls, electronics, telecommunications, augmented reality and virtual reality technology.

The full Law360 article can be found here.

About Brooks Kushman P.C.

Brooks Kushman P.C. is a premier intellectual property (IP) and technology law firm dedicated to the advancement and protection of innovations and brands that propel businesses around the world. With offices in Michigan and California, we work alongside corporations, small to medium sized businesses, and leading universities to protect their intellectual property assets. Our attorneys have a broad range of experience in industries and technologies, including consumer electronics, manufacturing, medical device, computer technology, aerospace, chemicals, biotechnology, and retail.

Brooks Kushman counts a number of Fortune 100 companies across a variety of industries among its clients. The firm is also recognized by leading legal publications and rankings, including Corporate Counsel magazine, U.S. News & World Report, Law360, Intellectual Asset Management, Managing Intellectual Property, and Intellectual Property Today. For more information, please visit www.BrooksKushman.com.