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Narrow Stipulation Results in Fintiv Denial

Narrow Stipulation Results in Fintiv Denial

by David Maiorana | Nov 21, 2023 | PTAB News, PTAB Trial Basics, Trial Institution

By David Linden and Dave Maiorana – On March 31, 2023, Zhuhai CosMX Battery Co., Ltd. (“Zhuhai”) filed a petition for inter partes review (“IPR”) of claims of U.S. Patent No. 11,329,352 (“the ’352 Patent”), assigned to Ningde Amperex Technology Ltd....
RULEMAKING: PTO Aims for Transparency, Judicial Independence at PTAB

RULEMAKING: PTO Aims for Transparency, Judicial Independence at PTAB

by Matthew Johnson | Nov 17, 2023 | Final Written Decisions, PTAB News, PTAB Trial Basics, Trial Institution

By Christian Roberts and Matthew Johnson – On October 6, 2023, the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) making changes to the Patent Trial and Appeal Board’s (“PTAB”) internal circulation and review...
Failure to Make Full Sotera-Stipulation Contributes to Denial

Failure to Make Full Sotera-Stipulation Contributes to Denial

by Matthew Johnson | Nov 10, 2023 | PTAB News, PTAB Trial Basics, Trial Institution

By Evan Tassis and Matt Johnson – In an increasingly rare exercise of discretion, the PTAB denied institution of inter partes review under Fintiv in Zhuhai Cosmx Battery Co., Ltd. v. Ningde Amperex Technology Limited, IPR2023-00587.  The PTAB reasoned that the...
Parallel Petitions Denied

Parallel Petitions Denied

by Matthew Johnson | Oct 16, 2023 | PTAB News, PTAB Trial Basics, Trial Institution

By Simon Maxwell* and Matt Johnson – On March 15, 2022, Facet Technologies, LLC (Plaintiff/Patent Owner) filed an infringement suit against LifeScan, Inc. (Defendant/Petitioner) in U.S. District Court for infringement of U.S. Patent No. 8,840,635 (the ’635...
Limitations Absent from a Notice of Allowability May be Material

Limitations Absent from a Notice of Allowability May be Material

by Matthew Johnson | Oct 10, 2023 | 325(d) issues, PTAB News, Trial Institution

By Daniel Sloan and Matt Johnson – On August 24, 2023, USPTO Director Kathi Vidal vacated a PTAB decision denying institution of inter partes review in Keysight Technologies, Inc. v. Centripetal Networks, Inc. and remanded the case for further proceedings....
PTAB Rejects Double-Dose of Prior Art

PTAB Rejects Double-Dose of Prior Art

by Geoffrey Gavin | Sep 26, 2023 | 325(d) issues, PTAB News, Trial Institution

By Matt Modderman, Asvhi Patel, Geoffrey Gavin – In Sandoz Inc. v. Acerta Pharma B.V. (IPR2023-00478), a Patent Trial and Appeal Board (“PTAB”) panel denied IPR institution where the asserted prior art was cumulative of that considered during prosecution.  This...
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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.