by Matthew Johnson | Jul 16, 2025 | Pharmaceutical, PTAB News, PTAB Trial Basics, Trial Institution
By Nicole Prescott,* Phillip Shelton, and Matt Johnson – In a recent decision, the Patent Trial and Appeals Board (“PTAB”) exercised its discretion under 35 U.S.C. § 314(a) to deny institution of an inter partes review (“IPR”) after applying the Fintiv factors,...
by Carl Kukkonen | Jul 9, 2025 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution
By Carl Kukkonen – On May 1, 2025, the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR) of U.S. Patent No. 11,140,841 in the case of Aardevo North America, LLC v. Agventure B.V. The patent in question, owned by Agventure,...
by Anthony Insogna | Jul 8, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Anthony Insogna, Sarah Geers, Matt Hertko, Andrea Jeffries, Gasper LaRosa, Jason Winchester, and Matt Johnson – The Situation: Under a new U.S. Patent and Trademark Office (“USPTO”) policy issued in March 2025, pre-institution inter partes review...
by Matthew Johnson | Jun 27, 2025 | Final Written Decisions, PTAB News, Request for Reconsideration
By Ned LaDuca,* Matt Modderman, Matt Johnson – A Delegated Rehearing Panel (“DRP”) recently modified the PTAB’s construction of the claim term “workload” and remanded, giving Mercedes-Benz USA, LLC (“Petitioner”) another opportunity to challenge a processor...
by Tom Ritchie | Jun 25, 2025 | Federal Circuit, PTAB News, Real Party in Interest
By Em Towers and Tom Ritchie – Apple Inc., et. al v. Gesture Technology Partners, LLC (March 4, 2025) (Moore (Chief Judge), Prost and Stoll) (on appeal from the Patent Trial and Appeal Board) [WAIVER; OBVIOUSNESS] The Federal Circuit affirmed the PTAB’s Final...
by Matthew Johnson | Jun 19, 2025 | PTAB News, Trial Institution
By Levent Herguner, Aeden Bempong,* and Matt Johnson – On April 17, 2025, following Acting Director Coke Morgan Stewart’s memorandum announcing a new interim process to manage the workload of all PTAB judges, the USPTO held a Boardside Chat outlining the new...