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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Supreme Court Denies Cert On Tribal Sovereign Immunity Question
Gregory A. Castanias and Jihong Lou - On April 15, the Supreme Court denied a petition for certiorari filed by Saint Regis Mohawk Tribe, leaving intact the Federal Circuit’s ruling that tribal sovereign immunity does not apply in inter partes reviews. See Saint Regis...
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Petitioner Must Explain Differences Among Five Concurrent IPR Petitions
By Alex Li and Matt Johnson On April 22, 2019, the PTAB issued an order that the Petitioner must explain the differences among its five petitions to institute inter partes review over the same patent, and that the Patent Owner may respond as to whether any differences...
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