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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....
Door Closed On Petitioner Who Failed To Prove Analogous Art

Door Closed On Petitioner Who Failed To Prove Analogous Art

by Matthew Johnson | Nov 16, 2022 | Prior Art Issues, Trial Institution

By Matt Modderman,* Robby Breetz, and Matt Johnson – A PTAB panel recently denied IPR institution where one of the asserted prior art references was non-analogous and thus the POSITA would not have made the proposed § 103 combination.  The Chamberlain Group, LLC v....
PTAB ‘Guiding Principles’ Favor Supplementary Declaration in ‘Close’ Case

PTAB ‘Guiding Principles’ Favor Supplementary Declaration in ‘Close’ Case

by Matthew Johnson | Nov 10, 2022 | PTAB News, PTAB Trial Basics, Trial Institution

By Emily Tait and Jack Graves* – A PTAB panel recently granted a Petitioner’s motion to submit a second expert declaration that directly addressed deficiencies identified by the PTAB’s Institution Decision. While a “close” case, the panel concluded that allowing the...
PTAB Institutes PGR, Denies Conditional IPR Petition

PTAB Institutes PGR, Denies Conditional IPR Petition

by Matthew Johnson | Aug 19, 2022 | PGR, Trial Institution

By Nicolas Aalberg,* Evan Jones, and Matt Johnson – On June 10, 2022, the PTAB in Apple Inc. v. MemoryWeb LLC denied Apple’s “conditional” IPR petition but instituted review of Apple’s concurrently-filed PGR petition, finding that MemoryWeb’s U.S. Patent No....
USPTO Releases Study On Fintiv Denials

USPTO Releases Study On Fintiv Denials

by Josh Nightingale | Aug 10, 2022 | PTAB News, Trial Institution

By Luke Cipolla*, Robby Breetz, and Josh Nightingale – The USPTO released a study in June 2022 that analyzed the prevalence of Fintiv denials occurring between January 1, 2019 and December 31, 2021.  The Study focused on data illustrating how often patent owners...
Interim Fintiv Guidance Discussed in PTAB Boardside Chat

Interim Fintiv Guidance Discussed in PTAB Boardside Chat

by Josh Nightingale | Jul 19, 2022 | PTAB News, Trial Institution

By Victoria Kline* and Josh Nightingale – During the Patent Trial and Appeal Board (“PTAB”) Boardside Chat on July 7, 2022, discussion focused on Director Katherine Vidal’s interim guidance on discretionary denials under the Board’s precedential Apple v. Fintiv...
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