by Matthew Johnson | Mar 2, 2022 | Real Party in Interest, Time Limits
By Mike Lavine, Matt Chung, and Matt Johnson – Recently, the Patent Trial and Appeals Board (PTAB) declined to terminate an inter partes review (IPR) proceeding despite the Petitioner’s alleged failure to identify all the real parties-in-interest (RPIs). Unified...
by Matthew Johnson | Feb 25, 2022 | PTAB News
By Matt Johnson – The institution rate for post-grant petitions in FY 2022 through the end of January 2022 (Oct. 1, 2021 through January 31, 2022) stands at 63% (279 instituted, 164 denied) compared to 59% in the previous fiscal year. The Patent Office notes that on...
by Matthew Johnson | Feb 22, 2022 | Estoppel, Federal Circuit Appeal
By Ana Teixeira and Matt Johnson – The patent fight between Caltech and Broadcom/Apple made waves this month when the Federal Circuit vacated the $1.1 billion infringement award that Caltech had won in district court. To PTAB practitioners, however, the sea...
by Matthew Johnson | Feb 10, 2022 | Federal Circuit, Prior Art Issues, PTAB News
By Robby Breetz, Christian Roberts, and Matt Johnson – Section 311(b) limits inter partes review to “ground[s] that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications.” 35 U.S.C. § 311(b)...
by Matthew Johnson | Jan 19, 2022 | Trial Institution
By Sue Gerber and Matt Johnson – This blog has previously discussed PTAB’s exercise of discretion under Section 325(d). Sometimes the PTAB has invoked Section 325(d) to deny institution; sometimes it has declined to apply Section 325(d) and instituted inter...
