Two Many IPRs: Different References Insufficient for Parallel IPRs
By Pranita Dhungana and Matt Johnson - The Patent Trial and Appeal Board (“PTAB”) recently denied institution in an inter partes review (“IPR”) where Petitioner later filed a parallel petition against the same claims of the same patent. Shenzhen Root Tech. Co., Ltd....
PTAB AIA FY2024 Roundup: Key Insights and Statistics
By Carl Kukkonen - The U.S. Patent and Trademark Office (USPTO) recently released its Fiscal Year 2024 roundup for the Patent Trial and Appeal Board (PTAB) America Invents Act (AIA) proceedings. This comprehensive report provides valuable insights into the trends and...
Prior Art Asserted in Second Petition Should Have Been Asserted in the First
By Adriane Elinski and Emily Tait - The PTAB denied institution of a second inter partes review (“IPR”) petition filed by Aylo Freesites (“Petitioner”) after having previously instituted inter partes review of Petitioner’s first petition related to the same patent...
Thickness Arguments Cross the Line for Federal Circuit
By Sue Gerber, Adriane Elinski, and Matt Johnson - When issued patent drawings are not explicitly made to scale, the Federal Circuit recently confirmed that arguments relying solely or predominately on the features of those drawings, such as line thickness, are...
PTAB Fee Increases in 2025
By: Adriane Elinski, Daniel Sloan, and Matt Johnson - Petitioners may soon need to check their account balances, as the United States Patent and Trademark Office (“USPTO”) is raising patent fees across the board, effective January 19, 2025. 89 Fed. Reg. 91898....