by Jennifer Chheda, Ph.D. | Aug 27, 2018 | Federal Circuit, Trial Institution
By: Jennifer J. Chheda, Ph.D and John D. Kinton The Federal Circuit recently denied Power Integrations, Inc.’s (“PI”) attempt to obtain a writ of mandamus to circumvent the bar in 35 U.S.C. § 314(d) to appeal the Patent Trial and Appeal Board’s (“PTAB”) decisions...
by Marc S. Blackman | Jul 28, 2018 | Trial Institution
By: Marc S. Blackman The PTAB recently exercised its discretion to deny institution of an IPR proceeding because a potentially dispositive claim construction issue was pending before the Federal Circuit. Comtech Mobile Datacom Corp v. Vehicle IP, LLC, Case...
by Sue Gerber | Jul 19, 2018 | 325(d) issues, Trial Institution
By: Susan M. Gerber The PTAB has discretion to deny “follow-on” petitions that challenge the validity of a patent that has been previously subjected to inter partes review. See 35 U.S.C. § 314(a); Gen. Plastic Indus. Co. Ltd. v. Canon Kabushiki Kaisha, Case...
by Doug Pearson | Jan 18, 2018 | Estoppel, Trial Institution
By Doug Pearson With institution rates of IPR petitions continuing to slide, and with district courts determining (depending on narrow or broad readings of the Shaw case) how estoppel may or may not apply in district court to noninstituted IPR grounds, a natural...
by Matthew Johnson | Jan 16, 2018 | PTAB News, Time Limits, Trial Institution
By Rich Graham and Matt Johnson On January 10, 2018, the PTAB designated two decisions weighing on 35 U.S.C. § 315(b) as informative: Luv N’ Care, Ltd. v. McGinley, IPR2017-01216, Paper 13 (P.T.A.B. Sept. 18, 2017) (AIA § 315(b), insufficient funds at filing) Amneal...
by Geoffrey Gavin | Dec 21, 2017 | 325(d) issues, Trial Institution
By Geoffrey Gavin In a recent decision, the PTAB exercised its discretion under 35 U.S.C. § 325(d) to deny institution of an IPR petition that presented the same prior art before the Patent Office in a pending reexamination. Fox Factory, Inc. v. SRAM, LLC,...
