by Matthew Johnson | May 18, 2023 | PTAB News, Trial Institution
By Hannah Mehrle and Matt Johnson – The Board exercised discretion under § 314 to deny inter partes review in view of co-pending district court litigation. In the Institution Decision, the Board evaluated the Fintiv factors in light of the USPTO Director’s June...
by Matthew Johnson | Apr 18, 2023 | Discovery, PTAB News
By Anthony Bautista and Matt Johnson – In Apple Inc. v. Masimo Corp., the PTAB granted Masimo, the owner of patent 10,687,745 (“the ’745 patent”), their request for production directed to “specific documents identified in regard to [a prior] ITC Investigation,...
by Matthew Johnson | Apr 7, 2023 | Final Written Decisions, PTAB Trial Basics
By Christian Roberts and Matt Johnson – Petitioners should be cautious of introducing a new theory in a Petitioner Reply before the PTAB. On February 7, 2023, the Patent Trial and Appeal Board (“PTAB”) entered a final written decision declining to find any...
by Matthew Johnson | Apr 5, 2023 | 325(d) issues, PGR, Trial Institution
By Levent Herguner and Matt Johnson – USPTO Director Kathi Vidal recently vacated a PTAB decision denying institution of a post-grant review and remanded the case for further proceedings. The petitioner challenged claims 1–27 of the ’274 patent under 35 U.S.C....
by Matthew Johnson | Mar 30, 2023 | Final Written Decisions, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – An IPR “shall be terminated with respect to any petitioner upon the joint request of the petitioner and patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed.” 35...
