by Matthew Johnson | Jan 6, 2021 | Stay
By Alex Li and Matt Johnson – District courts commonly stay patent litigation cases pending inter parties review (IPR) that assesses the validity of the patents-in-suit before the Patent Trial and Appeal Board (PTAB). Such stay may be lifted or extended at...
by Matthew Johnson | Dec 28, 2020 | Petitions, Trial Institution
By Lisa Furby and Matt Johnson – The results of a recent update to the PTAB Multiple Petition Study show Petitioners face an uphill battle when attempting to utilize a multiple petition strategy. These results, discussed during the December 10, 2020 Boardside...
by Matthew Johnson | Dec 22, 2020 | Estoppel
By Sue Gerber and Matt Johnson – The estoppel statute precludes a defendant who has challenged a claim in an IPR reaching final written decision from later challenging that claim on any ground that it raised or reasonably could have raised during the IPR...
by Matthew Johnson | Dec 18, 2020 | PTAB News, Trial Institution
On December 17th, the PTAB designated two decisions applying the Fintiv factors as precedential. We will break these cases down in detail in the coming days on the PTAB Litigation Blog. Sotera Wireless, Inc. v. Masimo Corporation, IPR2020-01019, Paper 12 (Dec. 1,...
by Matthew Johnson | Dec 17, 2020 | PTAB News, PTAB Trial Basics
By Hannah Mehrle and Matt Johnson – In a non-precedential opinion, the Federal Circuit recently reaffirmed that state universities cannot use sovereign immunity to avoid patent challenges at the PTAB stating that, “sovereign immunity does not apply to IPR...
