by Matthew Johnson | Mar 27, 2023 | PTAB News, Trial Institution
By Anthony Bautista and Matt Johnson – In Apple, Inc. v. Katherine K. Vidal, the Federal Circuit ruled that Apple and the other plaintiffs could continue their suit on a lone surviving challenge to the PTAB Director’s rulemaking procedures regarding...
by Matthew Johnson | Mar 22, 2023 | PTAB News, PTAB Trial Basics
By Matt Chung and Matt Johnson – On February 24, 2023, Director Kathi Vidal issued a decision under director review granting rehearing and modifying the final written decision for Nested Bean, Inc. v. Big Beings USA Pty. Ltd. Nested Bean, Inc. (“Nested Bean”)...
by Matthew Johnson | Mar 17, 2023 | PTAB News, Trial Institution
By Hannah Mehrle and Matt Johnson – In IPR2022-01242, Director Vidal clarified that her prior guidance, which allows the Board to institute inter partes review even if the Fintiv factors favor discretionary denial first requires the Board to find that Fintiv...
by Matthew Johnson | Mar 10, 2023 | Discovery, Real Party in Interest
By Jesse Wynn, Robert Breetz, Matt Johnson – In Samsung Electronics Co., Ltd. v. Netlist, Inc., the PTAB determined that a time-barred third party was not a real party in interest (“RPI”) and granted institution. IPR2022-00615, Paper 20 (Oct. 19, 2022) at 19...
by Matthew Johnson | Feb 23, 2023 | PTAB News
By Christian Roberts and Matt Johnson – On December 22, 2022, Director Kathi Vidal issued a pair of decisions in the OpenSky v. VLSI saga, dismissing OpenSky Industries LLC (“OpenSky”) and Patent Quality Assurance LCC (“PQA”) from their respective challenges of...
