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PTAB Statistics Through Seven Months of 2020

PTAB Statistics Through Seven Months of 2020

By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through April 30, 2020) stands at 55% (370 instituted, 300 denied) compared to 63% in the previous fiscal year.  This lower institution rate compared to prior years is a...

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PTO Proposes PTAB POPR Presumption Principle Permutation

PTO Proposes PTAB POPR Presumption Principle Permutation

By Christian Roberts* and Matt Johnson - On May 27, 2020, the USPTO announced a notice of proposed rulemaking that would affect IPR, PGR and CBM proceedings.  Most significantly, the proposed rules would eliminate the presumption in favor of petitioners for material...

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Despite Uncertain Trial Date, PTAB Denies Institution

Despite Uncertain Trial Date, PTAB Denies Institution

By Marc Blackman - Applying the PTAB’s precedential NHK decision, the PTAB exercised its discretion to deny institution of three timely filed IPR petitions due to the advanced stage of a related district court action.  Intel Corporation v. VLSI Technology LLC,...

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Appeal Vaporized: PTAB RPI Determinations Are Final

Appeal Vaporized: PTAB RPI Determinations Are Final

By Lisa Furby and Matt Johnson - The Federal Circuit’s decision in ESIP Series 2 v. Puzhen Life USA, LLC, No. 19-1659, held that the “no appeal” provision found in 35 U.S.C. § 314(d) (“Section 314(d)”) bars judicial review of PTAB determinations regarding the...

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