by Matthew Johnson | May 25, 2023 | PTAB News, Trial Institution
By Sue Gerber and Matt Johnson – The PTAB recently issued back-to-back Fintiv denials. The first denial issued on May 4, 2023. Read here about Samsung Electronics Co. Ltd. v. California Institute of Tech., No. IPR2023-00130, Paper 10 (P.T.A.B. May 4, 2023). ...
by Matthew Johnson | May 18, 2023 | PTAB News, Trial Institution
By Hannah Mehrle and Matt Johnson – The Board exercised discretion under § 314 to deny inter partes review in view of co-pending district court litigation. In the Institution Decision, the Board evaluated the Fintiv factors in light of the USPTO Director’s June...
by David Maiorana | May 1, 2023 | 325(d) issues, PTAB News
By David Linden, Dave Maiorana, and Marc Blackman – Director Vidal recently vacated a decision denying institution of an inter partes review (“IPR”) to allow Google, the Petitioner, to brief whether discretionary denial was warranted under Section 325(d) in view...
by Lisa Furby | Apr 26, 2023 | Evidentiary Issues, PTAB News
By Jesse Wynn and Lisa Furby – Parties before the PTAB should be careful to submit supplemental materials as soon as practicable. In Extractiontek Sales v. Gene Pools Tech., the PTAB denied a Patent Owner’s motion to submit a deposition transcript from a...
by Joseph Beauchamp | Apr 18, 2023 | Final Written Decisions, PTAB News
By Alison Ibendahl and Joe Beauchamp – A panel of the Federal Circuit has again held that Commissioner Drew Hirshfeld had the requisite authority to act on requests for Director review of PTAB decisions during which the office of Director was vacant. Fall Line...
by Matthew Johnson | Apr 18, 2023 | Discovery, PTAB News
By Anthony Bautista and Matt Johnson – In Apple Inc. v. Masimo Corp., the PTAB granted Masimo, the owner of patent 10,687,745 (“the ’745 patent”), their request for production directed to “specific documents identified in regard to [a prior] ITC Investigation,...
