Short Summary
Sea Swivel Inc. submits a preliminary response urging the PTAB to deny ShuttleSlide’s post‑grant review of its trolling‑motor mount patent, arguing lack of statutory merit, defective prior‑art copies, and unreliable witness testimony.
Detailed Summary
In its preliminary response to ShuttleSlide’s PGR petition, Sea Swivel Inc. contends that the petition fails the statutory threshold for institution because each cited reference either lacks essential claim elements or is presented in altered form, violating 35 U.S.C. §322(a). The Owner challenges the credibility of the petitioner’s expert and distributor witnesses, asserting bias and lack of evidentiary support. It also provides a detailed claim construction for the term “mounting plate,” supporting the patent’s validity, and refutes indefiniteness and written‑description grounds. The response seeks a denial of institution for all 18 challenged claims of U.S. Patent No. 12,258,111.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in Shuttleslide, LLC vs Sea Swivel Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.
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