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,...
by Matthew Johnson | Dec 18, 2020 | PTAB News, Trial Institution
On December 17th, the PTAB designated two decisions applying the Fintiv factors as precedential. We will break these cases down in detail in the coming days on the PTAB Litigation Blog. Sotera Wireless, Inc. v. Masimo Corporation, IPR2020-01019, Paper 12 (Dec. 1,...
by Matthew Johnson | Dec 17, 2020 | PTAB News, PTAB Trial Basics
By Hannah Mehrle and Matt Johnson – In a non-precedential opinion, the Federal Circuit recently reaffirmed that state universities cannot use sovereign immunity to avoid patent challenges at the PTAB stating that, “sovereign immunity does not apply to IPR...
by Matthew Johnson | Dec 8, 2020 | Evidentiary Issues, Expert Witnesses, PTAB News
By Matt Johnson – On December 8th, the PTAB published a Final Rule, formalizing a number of PTAB practices dictated by case law and described in the current Trial Practice Guide. The one substantive change of note is the removal to deference to the...
by Matthew Johnson | Dec 7, 2020 | Joinder, PTAB News, Real Party in Interest
On December 4th, the PTAB designated the following three cases precedential: RPX Corp. v. Applications in Internet Time, LLC, IPR2015-01750, Paper 128 (Oct. 2, 2020) (precedential) This decision on remand from the Federal Circuit holds that the petitioner was...
by Matthew Johnson | Nov 23, 2020 | Motions Practice, PTAB News
By Hannah Mehrle* and Matt Johnson – NeuMoDx Molecular, Inc., (Petitioner) who was otherwise barred from pursuing two IPR proceedings regarding patents owned by HandyLab, Inc. (Patent Owner) under 35 U.S.C. § 315(b)’s one year deadline, filed a Motion to Change...
