Robert Greene Sterne and Donald R. Banowit, both directors in the firm’s Litigation Group, are quoted in Law360’s article, “”Nissan, Hitachi Blasted For ‘Flip Flop’ During AIA Review”” discussing the Nissan North America Inc. et al. v. Diamond Coating Technologies LLC case for U.S. Patent No. 6,066,399 that is before the USPTO Patent Trial and Appeals Board (PTAB).

In this case centered around a challenge to the validity of a patent for carbon films used on auto parts, both Nissan North America and Hitachi Automotive Systems Ltd. added invalidity arguments in their reply brief that were not in the original inter partes review petition.

“We see all these new grounds that have never been argued in the reply… we have a complete flip flop,” asserted Sterne, on behalf of Diamond Coating. “This process, Your Honor, has been made grossly unfair to the patent owner.”

Both Sterne and Banowit represent Diamond Coating in the matter. A decision from the PTAB in this matter is expected in April of this year.

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