by Matthew Johnson | Aug 8, 2025 | PGR, PTAB News, PTAB Trial Basics, Trial Institution
By Evan Tassis and Matt Johnson – In a recent decision, Acting Director Coke Morgan Stewart denied a Patent Owner’s request for discretionary denial in LifeVac, LLC v. DCSTAR, Inc., IPR2025-00454. Even though Petitioner had previously challenged the same patent...
by Matthew Johnson | Aug 5, 2025 | Claim Construction, PTAB News, PTAB Trial Basics, Trial Institution
By Levent Herguner and Matt Johnson – On June 25, 2025, Acting Director Coke Stewart released an informative decision vacating institution of inter partes review (“IPR”) based on two petitions that were primarily filed to present two different constructions....
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...
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...
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,...
