by Matthew Johnson | Aug 30, 2023 | PTAB News, Trial Institution
By RJ Shea and Matt Johnson – On July 17, 2023, 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 petition based on the stature of a related U.S. District Court of Delaware...
by Kenneth Luchesi | Aug 28, 2023 | PTAB News, Standing, Trial Institution
By Nick Bagnolo and Kenny Luchesi – The Senate recently introduced a bill directed to substantially narrowing the scope of post grant proceedings, including Inter Partes Reviews (“IPRs”), before the Patent Trial and Appeal Board (“PTAB”). First introduced by a...
by Albert Liou | Aug 1, 2023 | Prior Art Issues, PTAB News, Trial Institution
By Albert Liou – In a recent decision denying institution, the PTAB rejected Petitioner Mercedes Benz USA’s argument that the challenged patent was not entitled to the filing date of its provisional application. Mercedes-Benz USA, LLC v. Westport Fuel Systems...
by Emily Tait | Aug 1, 2023 | PTAB News, Trial Institution
By Emily Tait and Adriane Elinski* – In a recent decision, the PTAB granted institution of an IPR despite multiple parallel district court proceedings involving the same patent, and flatly rejected the Patent Owner’s argument that the Petitioner’s “conflicting”...
by Matthew Johnson | Jun 29, 2023 | PTAB News, Trial Institution
By Kyle Perisutti*, Robby Breetz, and Matt Johnson – The PTAB recently exercised its discretion under 35 U.S.C. § 314 to deny institution of inter partes review for inefficient use of the PTAB’s time and resources notwithstanding that the petitioner met the...
by Matthew Johnson | Jun 27, 2023 | Stay, Trial Institution
By Jessica Vedrani*, Misti Blount, and Matt Johnson – Congress implemented the Leahy-Smith America Invents Act (“AIA”) to “establish a more efficient and streamlined patent system that [would] improve patent quality and limit unnecessary and counterproductive...
