by Matthew Johnson | Jul 2, 2021 | Trial Institution
By Andrea Beathard and Matt Johnson – A Sotera-style stipulation has once again convinced the PTAB to not exercise its discretion to deny institution of inter partes review (“IPR”) under 35 U.S.C. § 314(a). In Ocado Group PLC v. AutoStore Technology AS,...
by Matthew Johnson | Jun 30, 2021 | Federal Circuit Appeal, PTAB News
By Matt Johnson – On June 29th, the PTO issued an initial protocol for requesting Director review of a PTAB Final Written Decision according to the Supreme Court’s Arthrex decision. This Arthrex protocol is similar to the current procedure for requesting...
by Matthew Johnson | Jun 21, 2021 | PTAB News
On June 21, 2021, the Supreme Court issued its decision in Arthex stating: Today, we reaffirm and apply the rule from Edmond that the exercise of executive power by inferior officers must at some level be subject to the direction and supervision of an officer...
by Matthew Johnson | Jun 16, 2021 | Trial Institution
By Hannah Mehrle and Matt Johnson – Petitioner (Apple, Inc.) filed a petition to institute inter partes on a patent owned by Koss Corporation (Patent Owner). The PTAB considered six factors from Fintiv to assess whether to exercise authority to deny institution...
by Matthew Johnson | Jun 8, 2021 | Petitions, Trial Institution
By Ashvi Patel,* Marlee Hartenstein, and Matt Johnson In Fantasia Trading LLC v. Cognipower LLC, IPR2021-00070, Paper 21 (May 20, 2021), the Patent Trial and Appeal Board (PTAB) declined to institute inter partes review (IPR) where Petitioner Fantasia Trading LLC...
