by Matthew Johnson | Aug 5, 2020 | Trial Institution
In its precedential decision in Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020), the PTAB set forth a six factor “holistic” test for balancing considerations of system efficiency, fairness, and patent quality when a patent owner raises an...
by Matthew Johnson | Jul 30, 2020 | PTAB News
By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through June 30, 2020) stands at 56% (478 instituted, 376 denied) compared to 63% in the previous fiscal year. This lower institution rate compared to prior years, and...
by Matthew Johnson | Jul 24, 2020 | Trial Institution
By Jen Bachorik and Matt Johnson – In Ericsson Inc. v. Uniloc 2017, LLC, IPR2019-01550 (PTAB March 17, 2020) (Paper 8), the PTAB denied institution of inter partes review under 35 U.S.C. § 314, exercising its discretion to deny “follow-on petitions” challenging...
by Matthew Johnson | Jul 14, 2020 | PTAB News
By Stephanie M. Brooker and Matthew Johnson – Less experienced patent practitioners may be granted additional oral argument time in front of the Patent Trial and Appeals Board (PTAB) with the Legal Experience and Advancement Program (LEAP). LEAP helps foster...
by Matthew Johnson | Jul 10, 2020 | Trial Institution
By Sue Gerber and Matt Johnson – Recently, we reported about the Supreme Court’s decision holding that the AIA’s “no appeal” provision in 35 U.S.C. § 314(d) means that the PTAB’s decision not to institute IPR because a petition is time barred under 35 U.S.C....
