Salesforce’s Reexams Estopped by RPX IPRs
By Marc Blackman and Ruth Brindel* - In decisions rare of their kind, the U.S. Patent and Trademark Office (“USPTO”) terminated two ex parte reexaminations in view of inter partes review (“IPR”) proceedings initiated by a different party. The decisions represent...
Existence != Access – Public Accessibility Must be Clear
By Alison Ibendahl and Joe Beauchamp - In a recent decision, the Patent Trial and Appeals Board denied institution of inter partes review after holding that Petitioner Microsoft’s key obviousness reference did not qualify as a printed publication. Microsoft Corp. v....
Supreme Court Decides Not To Review PTAB Estoppel Issue
By John Marlott and John Wright - The Supreme Court will not consider a challenge to the proper scope of AIA statutory estoppel, leaving the Federal Circuit’s governing interpretation in place. The Court’s June 26, 2023 order list denied the pending petition for...
Likelihood of Success on 1 of 46 Claims Deemed Inefficient
By Kyle Perisutti*, Robby Breetz, and Matt Johnson - The PTAB recently exercised its discretion under 35 U.S.C. § 314 to deny institution of inter partes review for inefficient use of the PTAB’s time and resources notwithstanding that the petitioner met the threshold...
Court Opts Not To Stay Without Trial Instituted On All Asserted Patents
By Jessica Vedrani*, Misti Blount, and Matt Johnson - Congress implemented the Leahy-Smith America Invents Act (“AIA”) to “establish a more efficient and streamlined patent system that [would] improve patent quality and limit unnecessary and counterproductive...