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 Carl Kukkonen | Jul 9, 2025 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution
By Carl Kukkonen – On May 1, 2025, the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR) of U.S. Patent No. 11,140,841 in the case of Aardevo North America, LLC v. Agventure B.V. The patent in question, owned by Agventure,...
by Anthony Insogna | Jul 8, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Anthony Insogna, Sarah Geers, Matt Hertko, Andrea Jeffries, Gasper LaRosa, Jason Winchester, and Matt Johnson – The Situation: Under a new U.S. Patent and Trademark Office (“USPTO”) policy issued in March 2025, pre-institution inter partes review...
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...
