Forum Selection Clause May Preclude PTAB Proceedings
By Marc Blackman The Federal Circuit recently affirmed a preliminary injunction barring PTAB proceedings in view of a forum selection clause. Dodocase VR, Inc. v. MerchSource, LLC, 2018-1724 (Fed. Cir. Apr. 18, 2019). Dodocase, the owner of patents related to virtual...
A Phoenix From The Ashes
By John Kinton Recently, the Federal Circuit breathed life, again, into U.S. Patent No. 7,802,310 (the ’310 patent), which is the subject of one of the longest running inter partes review (IPR) proceedings. In Pers. Web Techs., LLC v. Apple. Inc., ___ F.3d ___ (Fed....
Federal Circuit Provides Guidance on Section 101 and CBMs
By Dave Maiorana On Thursday, the Federal Circuit issued a precedential decision in Trading Technologies International, Inc. v. IBG Interactive Brokers, LLC, No. 17-2257 (Fed. Cir. Apr. 18, 2019), that provides another data point on how CBM review works. Perhaps more...
PTAB Statistics Through First Half of FY 2019
By Matt Johnson Institution rates have ticked up while petition filing rates are even over 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 March 2019, 763 IPR...
PTAB Designates Trial Institution Discretion Cases Informative
By Kerry Barrett and Dave Maiorana On April 5, 2019, the PTAB designated as informative two decisions relating to 35 U.S.C. § 314(a): IPR2018-00923, Paper 9 (Nov. 7, 2018) (designated: Apr. 5, 2019) [AIA § 314(a), insufficient number of proposed grounds/challenges to...