Haynes and Boone, LLP Partner Eugene Goryunov talked with Intellectual Property Magazine about the oral arguments for Hunting Titan v. DynaEnergetics, the U.S. Patent and Trademark Office's (USPTO) Precedential Opinion Panel (POP) case.
DynaEnergetics alleged that Hunting obtained and used DynaEnergetics's confidential information relating to the DS Trinity System, an 8-inch perforating gun used in the oil and gas industry.
Here is an excerpt:
At the hearings in Hunting Titan v. DynaEnergetics, the POP said it would review under what circumstances and time during an inter partes reviews (IPR) proceeding may the Patent Trial and Appeal Board (PTAB) raise a ground of unpatentability that a petitioner did not advance or insufficiently developed against substitute claims proposed in a motion to amend.
Additionally, it will examine whether the board must provide the parties notice and an opportunity to respond to the ground of unpatentability before it makes a final determination.
Haynes and Boone Partner Eugene Goryunov commented, “In the long run, it will be interesting to see whether the POP’s decision will remain limited to reviewing proposed amendments or if parties will argue that the reasoning underlying the decision may apply to other issues in a PTAB proceeding.”
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