by Matthew Johnson | Sep 1, 2020 | Trial Institution
By Alex Li and Matt Johnson The Patent Trial and Appeal Board (PTAB) has the discretion to deny institution of any inter partes review (IPR). Such discretionary denial may be based on a variety of considerations, such as the existence of an ongoing district court...
by Matthew Johnson | Aug 26, 2020 | Claim Construction, Trial Institution
By Marlee Hartenstein and Matt Johnson – In Samsung Elecs Co., Ltd., et al. v. Cellect, LLC, IPR2020-00474, Paper 14 (P.T.A.B. Aug. 17, 2020), the PTAB denied institution of U.S. Patent No. 6,982,740 (“the ʼ740 patent”), finding that the specification did not...
by Matthew Johnson | Aug 21, 2020 | Amendment Practice
The Patent Trial and Appeal Board (PTAB) has published the sixth installment of its Motion to Amend Study. The study tracks and analyzes all motions to amend filed in America Invents Act trials, including pilot motions, through the end of March 2020. This installment...
by Matthew Johnson | Aug 19, 2020 | PTAB News
By Robert M. Breetz, Stephanie M. Brooker, and Matt Johnson – Holding its first mock oral arguments, the PTAB provided LEAP eligible participants with a unique opportunity to argue in front of PTAB judges. On August 7, 2020, mock oral PTAB hearings were held...
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...
