by Matthew Johnson | Apr 6, 2022 | Joinder, PGR, Trial Institution
By Christian Roberts and Matt Johnson – Typically, a Motion for Joinder to an earlier post-grant review (“PGR”) must be filed within one month of the institution of the earlier PGR. 37 C.F.R. § 42.222(b). While the Patent Trial and Appeal Board (“PTAB”) does...
by Matthew Johnson | Apr 1, 2022 | PTAB Trial Basics, Trial Institution
By Akosua Kyereme-Tuah, Mike Lavine, and Matt Johnson – The PTAB recently denied a motion to dismiss a Revised Petition and terminate an inter partes review (IPR) proceeding despite Petitioner’s alleged withdrawal of the Original Petition and failure to comply...
by David Maiorana | Feb 15, 2022 | Request for Reconsideration, Trial Institution
By David Linden and Dave Maiorana – In November 2020, Google LLC filed two petitions requesting an inter partes review of the claims of Ikorongo Technology LLC (“Ikorongo”) owned U.S. Patent No. 8,874,554 (“the ’554 patent”). Separate petitions were filed to...
by Matthew Johnson | Jan 19, 2022 | Trial Institution
By Sue Gerber and Matt Johnson – This blog has previously discussed PTAB’s exercise of discretion under Section 325(d). Sometimes the PTAB has invoked Section 325(d) to deny institution; sometimes it has declined to apply Section 325(d) and instituted inter...
by Carl Kukkonen | Jan 4, 2022 | PTAB Trial Basics, Trial Institution
By Carl Kukkonen – On December 14, 2021, the PTAB instituted Post-Grant Review (PGR) for certain claims of U.S. Pat. No. 10,855,671 (the ‘671 Patent) in Netskope, Inc. v. Bitglass, Inc., PGR2021-00091 while, on the same date, denying institution of a PGR for...
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,...
