by Tom Ritchie | Jun 25, 2025 | Federal Circuit, PTAB News, Real Party in Interest
By Em Towers and Tom Ritchie – Apple Inc., et. al v. Gesture Technology Partners, LLC (March 4, 2025) (Moore (Chief Judge), Prost and Stoll) (on appeal from the Patent Trial and Appeal Board) [WAIVER; OBVIOUSNESS] The Federal Circuit affirmed the PTAB’s Final...
by Tom Ritchie | Jun 13, 2025 | Uncategorized
By Ryan Camp and Tom Ritchie – Restem, LLC v. Jadi Cell, LLC (Fed. Cir. Mar. 4, 2025) (Moore, Schall, and Taranto) (on appeal from Patent Trial and Appeal Board) [INHERENT ANTICIPATION, CLAIM CONSTRUCTION, STANDING] Restem filed a petition for inter partes...
by Tom Ritchie | Jul 2, 2024 | PTAB News, Trial Institution
By Tom Ritchie – The institution rate for post-grant petitions in FY 2024 through the end of April 2024 (the period from Oct. 1, 2023 through April 30, 2024) stands at 66% (427 instituted, 230 denied). This rate remains flat compared to the previous two fiscal...
by Tom Ritchie | Jan 31, 2024 | District Court, Estoppel, PTAB News
By Tom Ritchie – In GeigTech East Bay v. Lutron Electronics, patent owner GeigTech argued that Lutron should be estopped under 35 U.S.C. § 325(e)(2) from asserting two prior art grounds that it said Lutron could have reasonably raised in its post-grant review...
by Tom Ritchie | Feb 25, 2021 | Trial Institution
By Tom Ritchie – The PTAB considers the six Fintiv factors to determine whether to exercise its discretion to deny institution of an IPR petition in view of a parallel litigation. In that analysis, Fintiv factor four requires the PTAB to evaluate the overlap...
