Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal
By Luke Cipolla and Dave Maiorana - On February 20, 2024, the Supreme Court denied Liquidia Technologies’ petition for a writ of certiorari to review a precedential Federal Circuit decision, United Therapeutics Corp. v. Liquidia Techs., Inc., 74 F.4th 1360 (Fed. Cir....
Federal Circuit Slices PTAB’s Printed Publication Finding
By Jareli Reynoso Gutierrez and Carl Kukkonen - Recently, the Court of Appeals for the Federal Circuit reversed one and vacated another Patent Trial and Appeal Board (“PTAB”) final written decision in which the PTAB determined that Weber Inc. (“Weber”) failed to...
PTAB Issues Sanctions for Attempted Extortion During “Settlement Negotiations”
By Owen Carpenter, Lisa Furby, and Dave Maiorana - Director Vidal recently issued sanctions against OpenSky Industries (“OpenSky”) for attempted extortion during settlement negotiations and abuse of the IPR process for US Patent 7,725,759 and awarded $413,264.15 to...
When Might a PTAB Rehearing Be Granted?
By Sabrina Bellantoni and Matt Johnson - Recently, the Patent Trial and Appeals Board (“PTAB”) granted a request for rehearing of a decision that denied an institution of inter partes review and then instituted a trial on all the challenged claims on all the grounds...
Director Issues Guidance on Use of AI for Documents Submitted to PTAB
By Carl Kukkonen, Stephanie M. Mishaga, and Pranita Dhungana - USPTO Director Katherine K. Vidal issued guidance on February 6, 2024 regarding the use of AI in drafting materials submitted to the USPTO’s administrative boards, including the PTAB. Of biggest concern...