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Physical Products Cannot Form Basis of an IPR

Physical Products Cannot Form Basis of an IPR

by Carl Kukkonen | Jul 9, 2025 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution

By Carl Kukkonen – On May 1, 2025, the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR) of U.S. Patent No. 11,140,841 in the case of Aardevo North America, LLC v. Agventure B.V. The patent in question, owned by Agventure,...
Acting Director Denies IPR Institution Based on “Settled Expectations”

Acting Director Denies IPR Institution Based on “Settled Expectations”

by Anthony Insogna | Jul 8, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Anthony Insogna, Sarah Geers, Matt Hertko, Andrea Jeffries, Gasper LaRosa, Jason Winchester, and Matt Johnson – The Situation: Under a new U.S. Patent and Trademark Office (“USPTO”) policy issued in March 2025, pre-institution inter partes review...
PTAB Clarifies Interim Workload Management Process

PTAB Clarifies Interim Workload Management Process

by Matthew Johnson | Jun 19, 2025 | PTAB News, Trial Institution

By Levent Herguner, Aeden Bempong,* and Matt Johnson – On April 17, 2025, following Acting Director Coke Morgan Stewart’s memorandum announcing a new interim process to manage the workload of all PTAB judges, the USPTO held a Boardside Chat outlining the new...
Applying Fintiv to a Parallel ITC Investigation

Applying Fintiv to a Parallel ITC Investigation

by S. Christian Platt | Jun 10, 2025 | PTAB News, PTAB Trial Basics, Stay, Trial Institution

By Sabrina Bellantoni & S. Christian Platt – The Patent Trial and Appeals Board (“PTAB”) recently denied institution of an inter partes review (“IPR”), exercising its discretion under 35 U.S.C. § 314(a) and Apple Inc. v. Fintiv Inc., IPR2020-00019 (PTAB Mar....
April 2025 Institution Rate Slips Below 45 Percent

April 2025 Institution Rate Slips Below 45 Percent

by Matthew Johnson | Jun 6, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Matt Johnson – The PTAB has published its monthly statistics wrap up for April 2025.  As expected, those statistics show a significant decline in the institution rate compared to the first six months of the fiscal year.  In those first six months, the overall...
Acting Director Releases First Decisions Under New Bifurcated Process

Acting Director Releases First Decisions Under New Bifurcated Process

by Matthew Johnson | Jun 3, 2025 | PTAB News, Time Limits, Trial Institution

By Daniel C. Sloan and Matt Johnson – On May 16, 2025, USPTO Acting Director Coke Morgan Stewart released the first four discretionary denial decisions under the PTAB’s new process.  Under the new process, the parties separately brief discretionary denial issues...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.