by Matthew Johnson | May 25, 2021 | PTAB Trial Basics
By Alex Li and Matt Johnson – An inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB) is a proceeding of the petitioner versus the patent owner. In a situation where the petitioner or the patent owner consists of multiple entities, there...
by Matthew Johnson | May 18, 2021 | Trial Institution
By Zach Sharb and Matt Johnson – On April 30, 2021, the PTAB instituted IPR trials based on petitions by Facebook, Inc. (“Petitioner”) challenging certain claims of U.S. Patent No. 8,645,300 (“300 Patent”), owned by USC IP Partnership, L.P. (“Patent Owner”) and...
by Matthew Johnson | May 7, 2021 | Final Written Decisions
By Andrea Beathard and Matt Johnson – Although the Federal Circuit had previously held that the PTAB may enter adverse judgment when a patent owner disclaims all claims challenged in an inter partes review (“IPR”) petition before an institution decision, in...
by Matthew Johnson | May 4, 2021 | Federal Circuit Appeal
By Alison Ibendahl and Albert Liou – An April 13, 2021 decision by the Federal Circuit denied a motion to vacate and remand PTAB decisions based on the Federal Circuit’s October 2019 decision in Arthrex v. Smith & Newman, Inc., et al., 941 F.3d 1320 (Fed....
by Matthew Johnson | Apr 20, 2021 | PTAB News
By Matt Johnson – The institution rate for post-grant challenges in current FY 2021 (Oct. 1, 2020 through Feb. 28, 2021) stands at 61% (305 instituted, 198 denied) compared to 56% in the previous fiscal year. This rate is more consistent with FY 2017-2019, where...
