by Matthew Johnson | May 9, 2019 | Trial Institution
By Alex Li and Matt Johnson On April 22, 2019, the PTAB issued an order that the Petitioner must explain the differences among its five petitions to institute inter partes review over the same patent, and that the Patent Owner may respond as to whether any differences...
by Matthew Johnson | Apr 22, 2019 | PTAB News, Trial Institution
By Matt Johnson Institution rates have ticked up while petition filing rates are even over fiscal year 2018. The running rate for institutions through the first six months of FY 2019 is at 64% compared to 60% in the previous year. Through March 2019, 763 IPR...
by David Maiorana | Apr 16, 2019 | Trial Institution
By Kerry Barrett and Dave Maiorana On April 5, 2019, the PTAB designated as informative two decisions relating to 35 U.S.C. § 314(a): IPR2018-00923, Paper 9 (Nov. 7, 2018) (designated: Apr. 5, 2019) [AIA § 314(a), insufficient number of proposed grounds/challenges to...
by Joe Sauer | Apr 5, 2019 | Trial Institution
By Kerry Barrett, David Anderson, and Joe Sauer In April 2018, the United States Supreme Court held that the PTAB must issue a final written decision addressing every patent claim challenged in an IPR petition. See SAS Inst., Inc. v. Iancu, 138 S. Ct. 1348 (2018). In...
by Matthew Johnson | Apr 3, 2019 | PTAB Trial Basics, Trial Institution
By Levent Herguner and Matt Johnson In a recent decision, the PTAB exercised its discretion under 35 U.S.C. § 314(a) to deny inter partes review of Perfect Company’s (“Patent Owner”) patent. Adaptics Ltd. v. Perfect Co., IPR2018-01596 (March 6, 2019). A panel of...
by S. Christian Platt | Feb 21, 2019 | Trial Institution
By Jihong Lou, Christian Platt, and Tom Ritchie Last April, in SAS Institute, Inc. v. Iancu, 138 S. Ct. 1348 (2018), the Supreme Court held that after instituting an inter partes review, the PTAB must decide the patentability of all of the claims the petitioner has...
