by Matthew Johnson | Oct 28, 2019 | Trial Institution
By Tom Ritchie and Matt Johnson The status of a parallel district court proceeding may provide a basis for the PTAB to deny institution of an IPR pursuant to § 314(a). NHK Spring Co. v. Intri-Plex Techs., Inc., IPR2018-00752, Paper 8 (PTAB Sep. 12, 2018)...
by Matthew Johnson | Oct 16, 2019 | Trial Institution
By: Yury Kalish and Vishal Khatri – Since their inception as part of the AIA, inter partes reviews (IPRs) have been a favorite tool in the arsenal of patent challengers. Their statutorily mandated 18-month schedule oftentimes allows the PTAB to resolve a question of...
by Matthew Johnson | Sep 19, 2019 | PTAB News, PTAB Trial Basics, Trial Institution
By Mike Lavine and Matt Johnson On September 6, 2019, a PTAB panel including USPTO Director Andrei Iancu instituted inter partes review (“IPR”) of U.S. Patent No. 9,279,259 (“the ‘259 Patent”). The ‘259 Patent is directed to a tile lippage removal system and is owned...
by Matthew Johnson | Sep 16, 2019 | Joinder, Trial Institution
By Alex Li and Matt Johnson If you don’t have new grounds to add, you may as well copycat. On September 4, 2019, the PTAB denied Microsoft’s petition requesting inter partes review (“IPR”) of U.S. Patent No. 7,167,487 (“the ’487 patent”); furthermore, the panel also...
by Emily Tait | Sep 9, 2019 | Expert Witnesses, Petitions, Trial Institution
By Emily Tait The PTAB recently denied petitioner’s request for rehearing of a decision denying institution of inter partes review, rejecting the argument that the Board’s denial was based on an erroneous analysis of the “non-exhaustive” General Plastic factors. See...
by Marc S. Blackman | Sep 4, 2019 | Federal Circuit Appeal, Trial Institution
By Marc Blackman In a split decision, the Federal Circuit dismissed three consolidated appeals holding that the PTAB’s decisions to deny institution were not appealable even though the PTAB previously had instituted the IPRs and proceeded through trial. BioDelivery...
