by David Cochran | Dec 30, 2020 | PTAB News, Trial Institution
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,...
by David Cochran | Jul 21, 2020 | Trial Institution
By Dave Cochran – In its precedential decision in Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020), the PTAB set forth a six factor “holistic” test for balancing considerations of system efficiency, fairness, and patent quality when a...
by David Cochran | May 4, 2020 | Trial Institution
By Dave Cochran and Robby Breetz – The PTAB denied institution of a follow on petition filed five months after an initial petition by the same petitioner, even though the two petitions were directed to different claims.[1] The Board found no persuasive...
by David Cochran | Feb 19, 2020 | 325(d) issues, Trial Institution
By Dave Cochran – 35 U.S.C. § 325(d) gives the PTAB discretion to deny a petition for inter partes review when the same or substantially the same prior art or arguments were previously before the Office – including during original examination, reexamination, or...
by David Cochran | Dec 13, 2019 | PTAB News
In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit has held that appointments of Administrative Patent Judges of the PTAB were in violation of the Appointments Clause of the U.S. Constitution. Jones Day’s Matt Johnson and Dave Cochran discuss the...
