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Director Provides Reminders For Obviousness Analysis

Director Provides Reminders For Obviousness Analysis

by Sarah Geers | Aug 1, 2024 | PTAB News, Trial Institution

By Scott Findley* and Sarah Geers – On July 9, 2024, Director Vidal reversed and remanded a denial of institution of inter partes review (IPR) relating to three Spin Master patents.  See Prime Time Toys LLC v. Spin Master, Inc., IPR Nos. 2023-01339, 2023-01348,...
PTAB Updates its SOP for Assigning Judges to Panels

PTAB Updates its SOP for Assigning Judges to Panels

by Carl Kukkonen | Jul 23, 2024 | PTAB News, PTAB Trial Basics

By Carl Kukkonen – The PTAB recently updated its Standard Operating Procedure 1 (SOP), which describes the process and guidelines for assigning judges to panels in all jurisdictions of the Board.  This blog post highlights some of the key features of the revised...
District Court Charts Middle Ground In Prosecution Bar

District Court Charts Middle Ground In Prosecution Bar

by Matthew Johnson | Jul 15, 2024 | District Court, PTAB News

By Nick Marasco,* Matt Modderman, Matt Johnson – The U.S. District Court for the District of Delaware recently issued a protective order settling a dispute over the scope of a proposed prosecution bar. Aerin Medical Inc. v. Neurent Medical Inc., No. 23-756, Dkt....
PTAB Nixes IPR Revival

PTAB Nixes IPR Revival

by Matthew Johnson | Jul 10, 2024 | Joinder, PTAB News, PTAB Trial Basics, Time Limits, Trial Institution

By Ariana Tsanas*, Matt Johnson, and Daniel Sloan – On May 6th, 2024, the PTAB declined Ubiquiti Inc.’s (“Petitioner’s”) request to institute inter partes review.  Ubiquiti Inc. v. XR Communications LLC D/B/A Vivato Tech., IPR2024-00148, Paper 12 (May 6, 2024). ...
PTAB Statistics Through Seven Months of FY2024

PTAB Statistics Through Seven Months of FY2024

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...
IPR Estoppel in Action

IPR Estoppel in Action

by Matthew Johnson | Jun 28, 2024 | District Court, Estoppel, Federal Circuit, PTAB News

By Sabrina Bellantoni and Matt Johnson – Recently, District Court Judge Thomas S. Zilly in the Western District of Washington granted Ironburg Inventions Ltd.’s (“Ironburg”) motion for inter partes review (“IPR”) estoppelpursuant to 35 U.S.C. § 315(e)(2), which...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.