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Federal Circuit Tightens Standing Requirements For IPR Appeal

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...

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No Institution When Petition Lacked Sufficient Specificity

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...

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PTAB FY 2019 Statistics Through April

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...

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