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PTAB Adopts Nautilus Indefiniteness Standard

PTAB Adopts Nautilus Indefiniteness Standard

By John Marlott and Nick Bagnolo - In post-grant proceedings since 2018, the PTAB has applied the same claim construction standard as used in district court; a recent Memorandum confirms the PTAB will likewise apply the same standard that district courts use for...

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Staying Still: District Court Extends Stay Pending Appeal

Staying Still: District Court Extends Stay Pending Appeal

By Alex Li and Matt Johnson - District courts commonly stay patent litigation cases pending inter parties review (IPR) that assesses the validity of the patents-in-suit before the Patent Trial and Appeal Board (PTAB).  Such stay may be lifted or extended at district...

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PRECEDENTIAL: Stipulation Roadmap for Fintiv Factor Four

PRECEDENTIAL: Stipulation Roadmap for Fintiv Factor Four

By Nick Bagnolo and Dave Cochran - It has now been more than seven months since the PTAB designated Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020), as a precedential decision.  Under this precedent, the PTAB applies a six factor, “holistic”...

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PRECEDENTIAL: PTAB Declines To Resolve RPI Dispute

PRECEDENTIAL: PTAB Declines To Resolve RPI Dispute

By Chris Hodge* and Carl Kukkonen - In a recently designated precedential decision, the Patent Trials and Appeals Board (“PTAB”) considered challenges to claims covering autonomous robotic cleaning devices. SharkNinja Operating LLC v. iRobot Corp., IPR2020-00734,...

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Multiple-Petition Strategies Fall Into Disfavor

Multiple-Petition Strategies Fall Into Disfavor

By Lisa Furby and Matt Johnson - The results of a recent update to the PTAB Multiple Petition Study show Petitioners face an uphill battle when attempting to utilize a multiple petition strategy.  These results, discussed during the December 10, 2020 Boardside...

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