by Matthew Johnson | Dec 8, 2021 | Trial Institution
By Lisa Furby and Dave Maiorana – Recently, Cloudflare Inc. succeeded in convincing the PTAB to institute in IPR2021-00969 against a Sable Network, Inc.’s patent directed toward data flow. While the institution itself is not out of the ordinary—the petitioner,...
by Joe Sauer | Nov 15, 2021 | Evidentiary Issues, Final Written Decisions, Trial Institution
By Stephanie Mishaga, Joseph Sauer, and Evan McLean – It is no secret that the Patent Trial and Appeal Board (PTAB) often leverages its discretionary denial powers to deny inter parties review (IPR) petitions. The PTAB has discretionarily denied IPR petitions,...
by Carl Kukkonen | Nov 1, 2021 | Federal Circuit Appeal, Trial Institution
By Carl Kukkonen – The Federal Circuit in AMC Multi-Cinema, Inc. v. Fall Line Patents (Fed. Circ. September 30, 2021, op. 21-1051) held that the PTAB partially abused its discretion when upholding one claim of U.S. Patent No. 9,454,748 for which the patent owner...
by Albert Liou | Oct 29, 2021 | Trial Institution
By Alison Ibendahl and Albert Liou – In a recent decision, the Patent Trial and Appeal Board granted institution of inter partes review after accepting the Petitioner Microsoft’s stipulation to forego overlapping challenges in parallel district court proceedings...
by Matthew Johnson | Jul 2, 2021 | Trial Institution
By Andrea Beathard and Matt Johnson – A Sotera-style stipulation has once again convinced the PTAB to not exercise its discretion to deny institution of inter partes review (“IPR”) under 35 U.S.C. § 314(a). In Ocado Group PLC v. AutoStore Technology AS,...
by Matthew Johnson | Jun 16, 2021 | Trial Institution
By Hannah Mehrle and Matt Johnson – Petitioner (Apple, Inc.) filed a petition to institute inter partes on a patent owned by Koss Corporation (Patent Owner). The PTAB considered six factors from Fintiv to assess whether to exercise authority to deny institution...
