by Josh Nightingale | Apr 5, 2024 | 325(d) issues, PTAB Trial Basics, Trial Institution
By Ashvi Patel and Josh Nightingale – Director Vidal recently vacated the Patent Trial and Appeal Board’s (PTAB) decision to deny institution of three petitions for inter partes review (IPR), citing insufficient explanation for denial under 35 U.S.C....
by Josh Nightingale | Jan 23, 2024 | Petitions, PTAB News, Trial Institution
By Daniel Sloan and Josh Nightingale – The PTAB recently declined to exercise its discretion to deny IPR, instituting review in BMW of North America, LLC v. NorthStar Systems LLC, IPR2023-01017, Paper 12 (Dec. 8, 2023). There, the PTAB held that (1) a Sotera...
by Josh Nightingale | Jan 12, 2024 | Prior Art Issues, Trial Institution
By Justice Hubbard, Robby Breetz, and Josh Nightingale – In AO Kaspersky Lab v. Open Text Inc., the PTAB denied inter partes review after determining that a screenshot of a GitHub repository was insufficient to establish that a whitepaper posted to that...
by Josh Nightingale | Jan 4, 2024 | 325(d) issues, Trial Institution
By Connor Scholes, Ashvi Patel, and Josh Nightingale – On November 6, 2023, the PTAB issued an decision instituting inter partes review of U.S. Patent No. 10,681,009 B2 (“the ’009 patent”) in Keysight Technologies, Inc. v. Centripetal Networks, Inc.,...
by Josh Nightingale | Jul 28, 2023 | PTAB News, Real Party in Interest
By Ashvi Patel, Adam J. Cook,* and Josh Nightingale – On May 16, 2023, Director Katherine Vidal vacated a portion of a final written decision regarding real parties in interest (“RPIs”) in Unified Patents, LLC v. Memory Web, LLC, IPR2021-01413. Director Vidal...
