Claim Construction Dispositive In Patentability Determination
By Sue Gerber and Matt Johnson - It goes without saying that claim construction is an important issue, but the PTAB’s recent decision in Netflix, Inc. v. DIVX, LLC, IPR2020-00558, Paper 66 (PTAB Feb. 22, 2024), shows not only that reasonable minds can differ about the...
PTAB Proposes Permanent MTA Pilot Program Rules
By Christian Roberts, and Daniel Sloan, and Matt Johnson - On March 4, 2024, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) regarding Motion To Amend (“MTA”) Practice...
PTAB Denies Parallel IPR Petition
By Owen Carpenter and Kenny Luchesi - The PTAB recently denied Intel’s (Petitioner) parallel IPR petition (IPR2023-01140) against AX Wireless (Patent Owner) challenging certain claims of U.S. Pat. No. 10,917,272. The denial came after Intel filed a separate petition...
General Plastic Factors Lead to Institution Denial
By Carl Kukkonen - The Patent Trial and Appeal Board (PTAB) in Videndum Production Solutions, Inc. v. Rotolight Limited (IPR2023-01219), recently denied a petition for inter partes review (IPR) of a patent on a lighting system and control for producing cinematic...
Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal
By Luke Cipolla and Dave Maiorana - On February 20, 2024, the Supreme Court denied Liquidia Technologies’ petition for a writ of certiorari to review a precedential Federal Circuit decision, United Therapeutics Corp. v. Liquidia Techs., Inc., 74 F.4th 1360 (Fed. Cir....