by Matthew Johnson | Oct 30, 2020 | PTAB News, Time Limits
By Matt Johnson – Although infrequently awarded, district courts are empowered to issue sanctions for behavior at the PTAB that they deem “exceptional” under Octane Fitness. In Game and Technology Co., Ltd. v. Wargaming Group Limited, district court defendant and...
by Matthew Johnson | Oct 25, 2020 | PTAB News
By Matt Johnson – Total PTAB petitions remained flat in FY2020, with 1513 petitions total being filed: IPR (1429), PGR (64), and CBM (20), compared to 1464 in FY2019 and 1613 FY2018, down from 1901 in FY2017. September IPR petition filings were 4th highest for...
by Matthew Johnson | Oct 20, 2020 | 325(d) issues, PTAB News, Trial Institution
By Matt Johnson – The Supreme Court has held the PTAB’s “decision to deny a petition is a matter committed to the Patent Office’s discretion,” and that there is “no mandate to institute review.” Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2140 (2016). ...
by Matthew Johnson | Oct 13, 2020 | Federal Circuit Appeal, PTAB News
By Matt Johnson – On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit’s Arthrex decision, consolidating those three cases for briefing and argument. The questions to be presented are as follows: 1. Whether, for...
by Matthew Johnson | Oct 8, 2020 | Real Party in Interest
By Matt Johnson – Throughout the Patent Trial and Appeal Board’s (“PTAB”) history, patent owners have tried to leverage a petitioner’s alleged failure to name all real parties-in-interest (“RPIs”) as a way to achieve denial of an inter partes review (“IPR”)...
