by Matthew Johnson | Jul 23, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Sue Gerber and Matt Johnson – As discretionary denials are on the rise and institution rates are declining at the PTAB (link), recent decisions from the PTAB have introduced the notion of a patent owner’s “settled expectations” as another reason for the PTAB...
by Matthew Johnson | Jul 18, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Hannah Mehrle and Matt Johnson – Coke Morgan Stewart, the acting director of the United States Patent and Trademark Office (“USPTO”), exercised discretion under 35 U.S.C. § 314(a) to deny Tessell’s (“Petitioner’s”) petition in favor of Nutanix (“Patent...
by Matthew Johnson | Jul 16, 2025 | Pharmaceutical, PTAB News, PTAB Trial Basics, Trial Institution
By Nicole Prescott,* Phillip Shelton, and Matt Johnson – In a recent decision, the Patent Trial and Appeals Board (“PTAB”) exercised its discretion under 35 U.S.C. § 314(a) to deny institution of an inter partes review (“IPR”) after applying the Fintiv factors,...
by Matthew Johnson | Jun 27, 2025 | Final Written Decisions, PTAB News, Request for Reconsideration
By Ned LaDuca,* Matt Modderman, Matt Johnson – A Delegated Rehearing Panel (“DRP”) recently modified the PTAB’s construction of the claim term “workload” and remanded, giving Mercedes-Benz USA, LLC (“Petitioner”) another opportunity to challenge a processor...
by Matthew Johnson | Jun 19, 2025 | PTAB News, Trial Institution
By Levent Herguner, Aeden Bempong,* and Matt Johnson – On April 17, 2025, following Acting Director Coke Morgan Stewart’s memorandum announcing a new interim process to manage the workload of all PTAB judges, the USPTO held a Boardside Chat outlining the new...
