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...
by Tom Ritchie | Jul 31, 2020 | Amendment Practice, PTAB News
By Tom Ritchie – The PTAB may sua sponte raise unpatentability grounds based upon the prior art of record when reviewing a motion to amend. Nike, Inc. v. Adidas AG, 955 F.3d 45, 51 (Fed. Cir. 2020). It is now clear, however, that the PTAB will do so only in...
by Tom Ritchie | Jul 8, 2020 | Trial Institution
By Prateek Viswanathan* and Thomas Ritchie – By creating the new precedential Fintiv factors, the PTAB provides guidance on what it will consider when deciding whether to deny institution of an IPR petition challenging patent claims that are also being litigated...
by Tom Ritchie | Jun 11, 2020 | Time Limits, Trial Institution
By Tom Ritchie – The PTAB has explained that it has discretion to deny an IPR petition even if the petitioner has shown that it meets the statutory threshold for institution, which requires “that there is a reasonable likelihood that the petitioner would prevail...
