Deadline IPR Service Fails to Bar Institution
By Tova Werblowsky* and Matt Johnson - The PTAB recently granted institution of inter partes review despite the Patent Owner not receiving the petition for the proceeding until three business days after the statutory deadline. See Kahoot! ASA and Kahoot Edu, Inc., v....
Federal Circuit Confirms PTAB Standard of Review
By Carl Kukkonen and Matt Carey - The Federal Circuit in Sisvel International S.A. v. Sierra Wireless, Inc. (Fed. Cir. Sept. 1, 2023) (Prost, Reyna, and Stark) affirmed a PTAB decision finding anticipated and/or obvious certain claims of two patents directed to the...
District Court Awards Sanctions for False RPI Identification
By Sue Gerber and Matt Johnson - The PTAB requires that all petitioners in IPR and PGR proceedings disclose the real party(ies)-in-interest. While that might seem like a mere formality, a false disclosure can lead to very harsh consequences. In a recent decision,...
PTAB Doubles Down on Interference Estoppel Issue
By Anthony Kim*, Evan Jones, and Matt Johnson - The Patent Trial and Appeal Board held all challenged claims of IGT’s patent unpatentable as obvious over two prior art patents. Zynga Inc. v. IGT, IPR2022-00199-32. In doing so, the PTAB further held that, contrary to...
Patent Owner Unable to Change Inventorship During Remand
By Hannah Mehrle and Matt Johnson - At the Inter Partes review trial, Patent Owner attempted to swear behind Petitioner’s primary prior art reference by showing that the inventors of the asserted patents had conceived of the invention before the priority date of the...