#ATLANTA GASLIGHT COMPANY UPDATE#

Atlanta Gas appeals arguing that the Board abused its discretion in terminating the proceeding as a sanction and that the Board’s decision violates the CAFC’s remand mandate. On remand, the Board terminated the proceeding due in part to its reconsideration of its decision on the time bar. 1367 (2020) held that the CAFC does not have jurisdiction to review determinations relating to § 315(b)’s time bar because those determinations are intimately related to institution decisions, which are insulated from appeal by the no-appeal bar ( 35 U.S.C. Before the Board acted on remand, the Supreme Court in Thryv, Inc v. In a first appeal, the CAFC disagreed with the Board’s interpretation of § 315(b) and remanded.

#ATLANTA GASLIGHT COMPANY UPDATE#

The Board agreed that sanctions were warranted for Atlanta Gas’s failure to timely update its RPIs, but it granted only monetary sanctions. Atlanta Gas complied and, Bennett moved for sanctions, asking the Board to terminate the proceeding and award fees.

After a final written decision issued holding that the claims at issue were unpatentable, the panel ordered Atlanta Gas to file an updated mandatory notice listing all RPIs. § 315(b), but because the district court dismissed the action without prejudice, the Board treated the district court complaint as if it had never been filed. Throughout the proceeding, Bennett argued that the petition was time barred under 35 U.S.C.

Atlanta Gas then filed a second IPR petition. Before a final written decision was issued, the Board vacated its institution decision and terminated the IPR because Atlanta Gas failed to list its parent company (a real party-in-interest (RPI)) in its petition. Exactly one year after Bennett served Atlanta Gas with the complaint, Atlanta Gas filed an IPR petition requesting review of the ’029 patent. Bennett sued Atlanta Gas but ultimately, that litigation was dismissed without prejudice for lack of personal jurisdiction.

5,810,029 directed to an anti-icing device for a gas pressure regulator.

Atlanta gaslight company