by Matthew Johnson | Oct 18, 2022 | Estoppel, PTAB News
By Hannah Mehrle and Matt Johnson – Click-to-Call (Plaintiff/Patent Owner) filed an infringement suit against Ingenio (Defendant/Petitioner) and others. Defendant filed an IPR challenging the asserted claims. In the IPR petition, Petitioner asserted multiple...
by Carl Kukkonen | Oct 13, 2022 | PTAB News
By Carl Kukkonen – In Zynga Inc. v. IGT, IPR2022-00199, the USPTO Director, Kathi Vidal, sua sponte granted review and affirmed the decision instituting trial over patent owner’s argument that the Board erred in its application of interference estoppel...
by John Marlott | Oct 6, 2022 | Amendment Practice, PTAB News
By John Marlott – The United States Patent and Trademark Office (USPTO) has again extended the Motion to Amend (MTA) Pilot Program at the Patent Trial and Appeal Board (PTAB). The MTA Pilot Program provides a patent owner who files a motion to amend in a trial...
by Matthew Johnson | Sep 29, 2022 | PTAB News
By Matt Johnson – The institution rate for post-grant petitions in FY 2022 through the end of August 2022 (Oct. 1, 2021 through August 31, 2022) stands at 66% (706 instituted, 366 denied) compared to 59% in the previous fiscal year. The Patent Office notes that on a...
by Matthew Johnson | Sep 22, 2022 | Prior Art Issues, PTAB News
By Sean Benevento, Mike Lavine, and Matt Johnson – In LG Electronics v. Immervision, the Federal Circuit clarified the standard for evaluating whether a prior art reference includes an obvious typographical error. See 39 F.4th 1364, 1365 (Fed. Cir. 2022). Under...
by Emily Tait | Sep 15, 2022 | PTAB News
By Emily Tait – In the precedential decision Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017), the PTAB articulated seven non-exclusive factors to be considered before discretionarily denying a subsequent IPR...
