Reexamination Does not Reset the IPR Clock
By Kait Crowder and Dave Cochran In Apple v. IXI IP, the PTAB affirmed that the issuance of a reexamination certificate adding additional claims to a challenged patent does not reset the one-year time bar under § 315(b) to file a petition for inter partes review. In...
Federal Circuit Tightens Standing Requirements For IPR Appeal
By Geoff Xiao,* Mike Lavine, and Matt Johnson The Federal Circuit recently tightened the standing requirements for an IPR appeal in AVX Corp. v. Presidio Components, Inc., No. 18-1106, 2019 WL 2079178 (Fed. Cir. May 13, 2019). AVX previously challenged the validity of...
No Institution When Petition Lacked Sufficient Specificity
By Sue Gerber and Matt Johnson Petitioners beware. The PTAB will not “play archaeologist with the record” or assume the burden of making arguments if the Petitioner fails to present the asserted reasons for invalidity with the required specificity. Amazon Web...
Federal Circuit says the PTAB used the Wrong Shade of Diligence
By John Kinton As the sayings go, diligence is the mother of good luck, and necessity is the mother of invention. But for patents that fall under the pre-AIA, first-to-invent, system, proving diligence can be a necessity for invention. In ATI Technologies ULS v....
PTAB FY 2019 Statistics Through April
By Matt Johnson Institution rates have ticked up while petition filing rates are down slightly so far compared to 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...