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“Settled-Expectations” Analysis May Leave Some Petitioners Feeling Unsettled

“Settled-Expectations” Analysis May Leave Some Petitioners Feeling Unsettled

by Matthew Johnson | Jul 23, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Sue Gerber and Matt Johnson – As discretionary denials are on the rise and institution rates are declining at the PTAB (link), recent decisions from the PTAB have introduced the notion of a patent owner’s “settled expectations” as another reason for the PTAB...
Discretionary Denial Where Inventors Petitioned for Unpatentability

Discretionary Denial Where Inventors Petitioned for Unpatentability

by Matthew Johnson | Jul 18, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Hannah Mehrle and Matt Johnson – Coke Morgan Stewart, the acting director of the United States Patent and Trademark Office (“USPTO”), exercised discretion under 35 U.S.C. § 314(a) to deny Tessell’s (“Petitioner’s”) petition in favor of Nutanix (“Patent...
Discretionary Denial of IPR Institution Due to Advanced Hatch-Waxman Litigation

Discretionary Denial of IPR Institution Due to Advanced Hatch-Waxman Litigation

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,...
Physical Products Cannot Form Basis of an IPR

Physical Products Cannot Form Basis of an IPR

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,...
Acting Director Denies IPR Institution Based on “Settled Expectations”

Acting Director Denies IPR Institution Based on “Settled Expectations”

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...
Applying Fintiv to a Parallel ITC Investigation

Applying Fintiv to a Parallel ITC Investigation

by S. Christian Platt | Jun 10, 2025 | PTAB News, PTAB Trial Basics, Stay, Trial Institution

By Sabrina Bellantoni & S. Christian Platt – The Patent Trial and Appeals Board (“PTAB”) recently denied institution of an inter partes review (“IPR”), exercising its discretion under 35 U.S.C. § 314(a) and Apple Inc. v. Fintiv Inc., IPR2020-00019 (PTAB Mar....
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.