Recent Developments on Article III Standing-to-Appeal AIA Trial Decisions
By Jihong Lou and Matt Johnson In past decisions, the Federal Circuit has made clear that a petitioner appealing a PTAB’s final written decision upholding the patentability of challenged claims after an AIA trial must establish Article III standing. In particular,...
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PTAB Designates § 315(b) Time Bar Order Precedential
By Tom Ritchie and Matt Johnson In an order designated precedential, the PTAB terminated an instituted IPR proceeding after the petitioner failed to establish that no real parties in interest (“RPI”) or privies had been served with a complaint more than one year...
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POP: Does A Complaint Without Standing Trigger The IPR Time Bar?
By Carl Kukkonen and Amanda Leckman The PTAB’s Precedential Opinion Panel (POP) will consider, at the behest of 360Heros, whether a complaint alleging patent infringement made by a party other than the patent owner of the patent triggers the § 315(b) time bar. 35...
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Precedential: PTAB Denies Co-Defendant’s Petitions As Unfair Follow-On Petitions
By Alex Li and Matt Johnson On April 2, 2019, the Patent Trial and Appeal Board issued a precedential decision that denied three petitions filed by Petitioner Valve Corporation (“Valve”) to institute inter partes review of U.S. Patent No. 9,235,934 (“the ’934 patent”)...
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Precedential: PTAB Considers § 314(a) Factors Even When Denying Under § 325(d)
By Gasper LaRosa When exercising its broad discretion on whether to institute review, the PTAB is not limited to consideration of factors associated with the type of denial it ultimately issues. In a recent decision that the PTAB designated as precedential, the PTAB...
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