by David Maiorana | Sep 3, 2020 | Estoppel, PGR
By Dave Maiorana – Due to the relatively low number of post-grant reviews (“PGR”) filed to date, not many district courts have spoken on the scope of PGR estoppel. In GREE, Inc. v. Supercell Oy, No. 2:19-cv-00071 (E.D. Texas), Magistrate Judge Payne in the...
by David Maiorana | Mar 26, 2020 | Federal Circuit Appeal, PTAB News
By Nate Andrews, John Marlott, and Dave Maiorana – On March 23, 2020, the Federal Circuit denied rehearing and rehearing en banc in Arthrex. Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140, Order Denying Rehearing and Rehearing En Banc, Dkt. 115. The...
by David Maiorana | Mar 23, 2020 | Federal Circuit Appeal, Joinder
By Dave Maiorana – The Federal Circuit has definitively ruled on the PTAB’s practice of allowing so-called “same-party” IPR joinder. The court held that an IPR petitioner cannot join itself as a party to an existing IPR and cannot add new arguments or issues...
by David Maiorana | Feb 3, 2020 | Trial Institution
By Jasper Tran, Matthew Chung, Dave Maiorana, and Matt Johnson – On September 12, 2018, the PTAB in NHK Spring Co. v. Intri-Plex Techs., Inc. exercised its discretion under 35 U.S.C. § 314(a) to deny institution of an IPR, despite the petition’s timely filing,...
by David Maiorana | Jan 8, 2020 | Amendment Practice
By Robby Breetz and Dave Maiorana In Apple v. Uniloc 2017 LLC, [1] the patent owner moved to amend the claims contingent on an unpatentability finding by the Board. The contingent amendment cancelled the original claims and replaced them with a new claim set. The...
