by Michael Oblon | Mar 16, 2021 | PTAB News, Trial Institution
By Nick Bagnolo and Michael Oblon – Since the PTAB designated Apple v. Fintiv precedential, the six-factor, “holistic” test has been increasingly used to discretionarily deny institution of petitions challenging claims already subject to parallel litigation...
by Matthew Johnson | Mar 5, 2021 | PTAB News, Trial Institution
By Jennifer Bachorik and Matt Johnson – The USPTO designated Snap, Inc. v. SRK Tech. LLC, IPR2020-00820 (PTAB October 21, 2020) (Paper 15) (“Snap”) as precedential as to § II.A regarding its discretion under 35 U.S.C. § 314(a) to deny institution of inter partes...
by Greg Castanias | Mar 4, 2021 | PTAB News
By Nate Andrews, Greg Castanias, and Dave Maiorana – On March 1, 2021, the Supreme Court heard oral arguments in Arthrex v. Smith & Nephew, No. 19-1434, on March 1, 2021, asking whether the appointment of PTAB judges is consistent with the way that “Officers...
by Matthew Johnson | Mar 2, 2021 | PTAB News
On Monday the Supreme Court heard arguments in the Arthrex case (Nos. 19-1434; -1452; -1458) (click link for transcript) regarding whether PTAB judges are principal officers, who must be appointed by the president and confirmed, or whether they are inferior officers...
by Matthew Johnson | Jan 22, 2021 | PTAB News, Trial Institution
On January 19th, the PTO published an Executive Summary encapsulating stakeholder feedback received from the October 20, 2020 Request for Comments on institution of America Invents Act (AIA) proceedings. The USPTO received 822 comments from a wide range of...
by David Cochran | Dec 30, 2020 | PTAB News, Trial Institution
By Nick Bagnolo and Dave Cochran – It has now been more than seven months since the PTAB designated Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020), as a precedential decision. Under this precedent, the PTAB applies a six factor,...
