by Sue Gerber | Apr 18, 2025 | Expert Witnesses, Trial Institution
By Sue Gerber – It is relatively uncommon for parties to submit expert declarations in the preliminary-response phase of an IPR proceeding, but recently the Patent Owner in Imperative Care, Inc. v. Inari Medical, Inc. effectively used that strategy to defeat...
by Matthew Johnson | Apr 3, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Joshua Nightingale and Daniel Sloan – Recent developments at the USPTO suggest a significant shift in favor of the PTAB exercising discretionary denial and uncertainty on behalf of parties to PTAB proceedings. On March 24, 2025, following the February 28,...
by Matthew Johnson | Mar 28, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Jennifer Chheda, Yi Dulkeith, and Tova Werblowsky – A new interim process for the Director to exercise discretion as to whether to institute an inter partes review(IPR) or a post grant review (PGR) was announced on March 26, 2025, in which discretionary...
by Matthew Johnson | Mar 25, 2025 | PTAB News, Trial Institution
By Matt Johnson – After rescinding the June 2022 guidance regarding Fintiv, the PTAB issued updates to how they will consider discretionary denial issues under Section 314(a) on Monday. The updated guidance states: On February 28, 2025, the USPTO rescinded the...
by Matthew Johnson | Mar 12, 2025 | Evidentiary Issues, Prior Art Issues, Trial Institution
By Mike Lavine – On February 6, 2025, the PTAB denied IPR institution because the Petitioner failed to establish that its key prior art reference qualified as a printed publication under Section 102(b). The PTAB’s decision hinged on whether the “Dammann”...
by Matthew Johnson | Mar 3, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Ashvi Patel and Matt Johnson – On Friday, the USPTO rescinded its June 21, 2022, guidance memorandum entitled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation.” That memorandum discussed...
