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...
by John Marlott | Jun 21, 2023 | PTAB News, PTAB Trial Basics, Trial Institution
By John Marlott and Ryan Mueller – If a PTAB panel finds “compelling merits” of unpatentability when making its initial institution decision, is there any realistic chance that same PTAB panel will reach a different result in the final decision at the conclusion...
by Matthew Johnson | May 25, 2023 | PTAB News, Trial Institution
By Sue Gerber and Matt Johnson – The PTAB recently issued back-to-back Fintiv denials. The first denial issued on May 4, 2023. Read here about Samsung Electronics Co. Ltd. v. California Institute of Tech., No. IPR2023-00130, Paper 10 (P.T.A.B. May 4, 2023). ...
by Matthew Johnson | May 18, 2023 | PTAB News, Trial Institution
By Hannah Mehrle and Matt Johnson – The Board exercised discretion under § 314 to deny inter partes review in view of co-pending district court litigation. In the Institution Decision, the Board evaluated the Fintiv factors in light of the USPTO Director’s June...
