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...
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...
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...
by John Evans, Ph.D. | Feb 6, 2023 | Design Patents, PTAB News
By John Evans and Jesse Wynn – A recent post flagged LKQ v. GM as a potential watershed moment in design patent validity law, calling into question whether In re Rosen, long-standing obviousness precedent, comports with the Supreme Court’s decision in KSR. Rosen...
by David Maiorana | Feb 6, 2023 | Joinder, PTAB News, PTAB Trial Basics, Trial Institution
By David Linden and Dave Maiorana – On September 1, 2022, CommScope, Inc. (“CommScope”) filed a Petition for inter partes review (“IPR”) of claims 8–10, 15, 24–26, and 31 of U.S. Patent No. 8,462,835 (“the ’835 Patent”) in IPR2022-01443 (“the ’443 IPR”). The...
by Matthew Johnson | Feb 3, 2023 | Evidentiary Issues, Federal Circuit Appeal, Prior Art Issues, PTAB News
By Sue Gerber and Matt Johnson – Proof of prior art is an issue that often arises in inter partes and post grant review proceedings before the PTAB. In a recent decision, the Federal Circuit explained the quantum of proof that is required to establish prior...
