by Matthew Johnson | Jan 22, 2021 | Trial Institution
By Michael Oblon, Matt Johnson, and Nick Bagnolo – Although first briefly mentioned as a possibility in the August 2018 Trial Practice Guide Update (page 10), outside of one instance (Bio-Rad Labs. v. 10X Genomics, IPR2019-00567; -00568, August 8, 2019), PTAB...
by Matthew Johnson | Jan 22, 2021 | PTAB News, Trial Institution
On January 19th, the PTO published an Executive Summary encapsulating stakeholder feedback received from the October 20, 2020 Request for Comments on institution of America Invents Act (AIA) proceedings. The USPTO received 822 comments from a wide range of...
by David Cochran | Dec 30, 2020 | PTAB News, Trial Institution
By Nick Bagnolo and Dave Cochran – It has now been more than seven months since the PTAB designated Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020), as a precedential decision. Under this precedent, the PTAB applies a six factor,...
by Matthew Johnson | Dec 28, 2020 | Petitions, Trial Institution
By Lisa Furby and Matt Johnson – The results of a recent update to the PTAB Multiple Petition Study show Petitioners face an uphill battle when attempting to utilize a multiple petition strategy. These results, discussed during the December 10, 2020 Boardside...
by David Maiorana | Dec 23, 2020 | 325(d) issues, Trial Institution
By Dave Maiorana and Zach Sharb – On December 7, 2020, the PTAB granted Activ Financial Systems, Inc.’s (“Activ”) petition for inter partes review of claim 43 and 44 of IP Reservoir LLC’s (“IP Reservoir”) U.S. Patent No. 10,062,115 (the ’115 Patent), directed...
by Matthew Johnson | Dec 18, 2020 | PTAB News, Trial Institution
On December 17th, the PTAB designated two decisions applying the Fintiv factors as precedential. We will break these cases down in detail in the coming days on the PTAB Litigation Blog. Sotera Wireless, Inc. v. Masimo Corporation, IPR2020-01019, Paper 12 (Dec. 1,...
