Delegated Rehearing Panel Sends Lifeline to Mercedes-Benz
By Ned LaDuca,* Matt Modderman, Matt Johnson - A Delegated Rehearing Panel (“DRP”) recently modified the PTAB’s construction of the claim term “workload” and remanded, giving Mercedes-Benz USA, LLC (“Petitioner”) another opportunity to challenge a processor patent....
Federal Circuit: RPI Arguments Must First Be Raised at the PTAB
By Em Towers and Tom Ritchie - Apple Inc., et. al v. Gesture Technology Partners, LLC (March 4, 2025) (Moore (Chief Judge), Prost and Stoll) (on appeal from the Patent Trial and Appeal Board) [WAIVER; OBVIOUSNESS] The Federal Circuit affirmed the PTAB’s Final Written...
PTAB Clarifies Interim Workload Management Process
By Levent Herguner, Aeden Bempong,* and Matt Johnson - On April 17, 2025, following Acting Director Coke Morgan Stewart’s memorandum announcing a new interim process to manage the workload of all PTAB judges, the USPTO held a Boardside Chat outlining the new...
Applying Fintiv to a Parallel ITC Investigation
By Sabrina Bellantoni & S. Christian Platt - The Patent Trial and Appeals Board (“PTAB”) recently denied institution of an inter partes review (“IPR”), exercising its discretion under 35 U.S.C. § 314(a) and Apple Inc. v. Fintiv Inc., IPR2020-00019 (PTAB Mar. 20,...
April 2025 Institution Rate Slips Below 45 Percent
By Matt Johnson - The PTAB has published its monthly statistics wrap up for April 2025. As expected, those statistics show a significant decline in the institution rate compared to the first six months of the fiscal year. In those first six months, the overall...