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Despite Uncertain Trial Date, PTAB Denies Institution

Despite Uncertain Trial Date, PTAB Denies Institution

by Marc S. Blackman | May 28, 2020 | Time Limits, Trial Institution

By Marc Blackman – Applying the PTAB’s precedential NHK decision, the PTAB exercised its discretion to deny institution of three timely filed IPR petitions due to the advanced stage of a related district court action.  Intel Corporation v. VLSI Technology LLC,...
Supreme Court Holds Institution Time Bar Decisions Cannot Be Reviewed

Supreme Court Holds Institution Time Bar Decisions Cannot Be Reviewed

by Matthew Johnson | Apr 23, 2020 | Federal Circuit Appeal, PTAB News, Time Limits

By Sue Gerber and Matt Johnson – This week, the United States Supreme Court interpreted the scope of the AIA’s “no appeal” provision found in 35 U.S.C. § 314(d) (“Section 314(d)”).  Thryv, Inc. v. Click-to-Call Techs, L.P., No. 18-916, 2020 WL 1906544 (Apr. 20,...
BREAKING: Supreme Court Says PTAB Time Bar Unappealable

BREAKING: Supreme Court Says PTAB Time Bar Unappealable

by Matthew Johnson | Apr 21, 2020 | Federal Circuit Appeal, PTAB News, Time Limits

On Monday, the Supreme Court ruled that 35 U.S.C. § 314(d)’s statement that the “determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable” means that PTAB decisions regarding the...
Don’t Wait Too Late to Assert the § 315(b) Time-Bar

Don’t Wait Too Late to Assert the § 315(b) Time-Bar

by Matthew Johnson | Mar 11, 2020 | Federal Circuit Appeal, Real Party in Interest, Time Limits

By Cathy Chin Eng and Matt Johnson – In two related decisions, the Federal Circuit held that the Patent Owner, Acoustic Technology, Inc. (“Acoustic”) waived its time-bar challenges under 35 U.S.C. § 315(b) (“Section 315(b)”) by failing to assert them in the IPR...
Preemptive Declaratory Judgment Invalidity Counterclaims Trigger Statutory Bar

Preemptive Declaratory Judgment Invalidity Counterclaims Trigger Statutory Bar

by Matthew Johnson | Oct 11, 2019 | Time Limits

By Sue Gerber and Matt Johnson Last year, this blog discussed various strategic considerations for litigants seeking declarations of invalidity in district court actions to avoid being precluded from also seeking inter partes or other post-grant review before the...
Precedential Order Confirms Involuntary Dismissal Triggers § 315(b) Time Bar

Precedential Order Confirms Involuntary Dismissal Triggers § 315(b) Time Bar

by Carl Kukkonen | Sep 17, 2019 | PTAB News, Time Limits

By Amanda Leckman and Carl Kukkonen On November 21, 2017, Petitioner Infiltrator Water Technologies, LLC, filed a Petition for inter partes review (IPR) of claims 8–12 of U.S. Patent No. 8,815,094 B2.  In its Preliminary Response, filed on March 7, 2018, Patent Owner...
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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.