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,...
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By Hannah Mehrle and Matt Johnson – In a non-precedential opinion, the Federal Circuit recently reaffirmed that state universities cannot use sovereign immunity to avoid patent challenges at the PTAB stating that,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...
