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PRECEDENTIAL: Compelling Merits Analysis Only When Other Factors Indicate Denial

PRECEDENTIAL: Compelling Merits Analysis Only When Other Factors Indicate Denial

by Matthew Johnson | Mar 17, 2023 | PTAB News, Trial Institution

By Hannah Mehrle and Matt Johnson – In IPR2022-01242, Director Vidal clarified that her prior guidance, which allows the Board to institute inter partes review even if the Fintiv factors favor discretionary denial first requires the Board to find that Fintiv...
A Petitioner’s Guide: Navigating Uncertainty on PGR Eligibility

A Petitioner’s Guide: Navigating Uncertainty on PGR Eligibility

by Josh Nightingale | Feb 28, 2023 | Petitions, PGR, Trial Institution

By Ashvi Patel and Josh Nightingale – Samsung Electronics Co. (“Samsung”) recently faced the issue of determining whether U.S. Patent No. 11,163,823 (“the ‘823 patent”) is a pre- or post-AIA patent.  Hedging its bets, Samsung concurrently filed two petitions—one...
PTAB Denies Joinder To Settled IPR

PTAB Denies Joinder To Settled IPR

by David Maiorana | Feb 6, 2023 | Joinder, PTAB News, PTAB Trial Basics, Trial Institution

By David Linden and Dave Maiorana – On September 1, 2022, CommScope, Inc. (“CommScope”) filed a Petition for inter partes review (“IPR”) of claims 8–10, 15, 24–26, and 31 of U.S. Patent No. 8,462,835 (“the ’835 Patent”) in IPR2022-01443 (“the ’443 IPR”).  The...
Panel Denies Joinder Based On Intervening Institution

Panel Denies Joinder Based On Intervening Institution

by Matthew Johnson | Dec 29, 2022 | Joinder, Trial Institution

By Hannah Mehrle and Matt Johnson – The PTAB denied a request for institution and joinder because the petitioner was the petitioner in one other instituted IPR directed to the same patent, and the petitioner did not explain adequately to the PTAB why another...
Limited Stipulation Results In Fintiv Denial

Limited Stipulation Results In Fintiv Denial

by Matthew Johnson | Dec 1, 2022 | PTAB News, Trial Institution

By Ashvi Patel and Matt Johnson – Patent Owner, IP Bridge, filed a patent infringement suit against Petitioner, Ericsson, for infringement of seven of its patents directed at radio communication between a base station and a mobile station and related apparatuses...
Single-Patent Sotera Stipulation Sufficient

Single-Patent Sotera Stipulation Sufficient

by Matthew Johnson | Nov 23, 2022 | PTAB Trial Basics, Trial Institution

By Simon Maxell* and Matt Johnson – On March 3, 2021, Via Transportation, Inc. (Plaintiff/Patent Owner) filed an infringement suit against RideCo Inc. (Defendant/Petitioner) in the U.S. District Court for the Western District of Texas for infringement of U.S....
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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.