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How Long Is Too Long To Wait To Settle?

How Long Is Too Long To Wait To Settle?

by Matthew Johnson | Mar 30, 2023 | Final Written Decisions, PTAB News, PTAB Trial Basics

By Sue Gerber and Matt Johnson – An IPR “shall be terminated with respect to any petitioner upon the joint request of the petitioner and patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed.”  35...
Federal Circuit Holds Party Can Challenge PTAB Rulemaking

Federal Circuit Holds Party Can Challenge PTAB Rulemaking

by Matthew Johnson | Mar 27, 2023 | PTAB News, Trial Institution

By Anthony Bautista and Matt Johnson – In Apple, Inc. v. Katherine K. Vidal, the Federal Circuit ruled that Apple and the other plaintiffs could continue their suit on a lone surviving challenge to the PTAB Director’s rulemaking procedures regarding...
Multiple Dependent Claims are Treated as Multiple Claims

Multiple Dependent Claims are Treated as Multiple Claims

by Matthew Johnson | Mar 22, 2023 | PTAB News, PTAB Trial Basics

By Matt Chung and Matt Johnson – On February 24, 2023, Director Kathi Vidal issued a decision under director review granting rehearing and modifying the final written decision for Nested Bean, Inc. v. Big Beings USA Pty. Ltd. Nested Bean, Inc. (“Nested Bean”)...
PRECEDENTIAL: Compelling Merits Analysis Only When Other Factors Indicate Denial

PRECEDENTIAL: Compelling Merits Analysis Only When Other Factors Indicate Denial

by Matthew Johnson | Mar 17, 2023 | PTAB News, Trial Institution

By Hannah Mehrle and Matt Johnson – In IPR2022-01242, Director Vidal clarified that her prior guidance, which allows the Board to institute inter partes review even if the Fintiv factors favor discretionary denial first requires the Board to find that Fintiv...
Director Vidal Removes OpenSky and PQA from VLSI IPRs, Orders Sanctions

Director Vidal Removes OpenSky and PQA from VLSI IPRs, Orders Sanctions

by Matthew Johnson | Feb 23, 2023 | PTAB News

By Christian Roberts and Matt Johnson – On December 22, 2022, Director Kathi Vidal issued a pair of decisions in the OpenSky v. VLSI saga, dismissing OpenSky Industries LLC (“OpenSky”) and Patent Quality Assurance LCC (“PQA”) from their respective challenges of...
FWDs Issue in the Nick of Time to Suspend ITC Orders

FWDs Issue in the Nick of Time to Suspend ITC Orders

by Emily Tait | Feb 15, 2023 | PTAB News, Stay

By Steve Bradley, Emily Tait, and Marc Blackman – After finding that Apple infringed certain AliveCor patents related to wearable devices capable of monitoring a user’s cardiac activity, the International Trade Commission (“ITC”) entered a limited exclusion...
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