Role Of Company Board Members May Impact RPI Analysis
By Jennifer Chheda Ph.D. and John Kinton The Patent Trial and Appeal Board (“PTAB”) recently denied the request of petitioner Fasteners for Retail, Inc. (“FFR” or “petitioner”) for rehearing in connection with decisions denying the institution of inter partes review...
Patent Owner Gets Break On Improper MTA/Reply
By Levent Herguner and Matt Johnson - On November 30, 2018, the PTAB filed an opinion addressing two procedural issues in Aver Information Inc. v. Pathway Innovations and Technologies, Inc., Case IPR2017-02108, including failure to meet spacing requirements and...
Combatting Lack of Assignor Estoppel in IPRs (Maybe)
By Marlee Hartenstein and Matt Johnson - Assignor estoppel is an equitable doctrine that prevents a party who assigns a patent to another from later challenging the validity of the assigned patent. As reported in a prior post, the Federal Circuit recently stated...
Do Only Certain IPR Petitioners Have Standing To Appeal Adverse PTAB Decisions?
By John Marlott - Estimates are that roughly 80% of IPRs involve a challenge to a patent being asserted against the petitioner in a district court litigation. Typically, in those IPRs, if the litigation-defendant-petitioner loses at the PTAB, there is no...
PTAB November Statistics
By Matt Johnson – The PTAB’s November statistics confirmed the expected jump in PTAB filings in November, with many petitioners seeking to file petitions before the changeover from the BRI to Phillips claim construction standard. 212 petitions for IPR,...