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Director Vidal Orders Sua Sponte Review (Again) in OpenSky v. VLSI

Director Vidal Orders Sua Sponte Review (Again) in OpenSky v. VLSI

by Josh Nightingale | Nov 4, 2022 | PTAB News

By Christian Roberts and Josh Nightingale – In the latest development of OpenSky Industries v. VLSI Technology, USPTO Director Kathi Vidal has ordered sua sponte Director review of a PTAB panel’s decision on remand to institute OpenSky’s IPR challenge to a...
Motion for Additional Discovery Based on Unraised Arguments Denied

Motion for Additional Discovery Based on Unraised Arguments Denied

by Josh Nightingale | Sep 1, 2022 | Discovery, PTAB News

By Christian Roberts and Josh Nightingale – The Patent Trial and Appeal Board (“PTAB”) recently denied a Petitioner’s Motion for Additional Discovery.  Scientific Design Co., Inc. v. Shell Oil Co., IPR2021-01537, Paper 18 (PTAB Aug. 12, 2022). In an inter partes...
USPTO Releases Study On Fintiv Denials

USPTO Releases Study On Fintiv Denials

by Josh Nightingale | Aug 10, 2022 | PTAB News, Trial Institution

By Luke Cipolla*, Robby Breetz, and Josh Nightingale – The USPTO released a study in June 2022 that analyzed the prevalence of Fintiv denials occurring between January 1, 2019 and December 31, 2021.  The Study focused on data illustrating how often patent owners...
The Board Declines To Apply Interference Estoppel

The Board Declines To Apply Interference Estoppel

by Josh Nightingale | Jul 27, 2022 | Estoppel, PTAB News

By Ryan Camp,* Sachin Patel, and Josh Nightingale – On June 14, 2022, the Board instituted Zynga Inc.’s (“Zynga”) petition for IPR against U.S. Patent No. 7,168,089 (the “’089 patent”), rejecting Patent Owner IGT’s argument that interference estoppel should preclude...
Interim Fintiv Guidance Discussed in PTAB Boardside Chat

Interim Fintiv Guidance Discussed in PTAB Boardside Chat

by Josh Nightingale | Jul 19, 2022 | PTAB News, Trial Institution

By Victoria Kline* and Josh Nightingale – During the Patent Trial and Appeal Board (“PTAB”) Boardside Chat on July 7, 2022, discussion focused on Director Katherine Vidal’s interim guidance on discretionary denials under the Board’s precedential Apple v. Fintiv...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.