OpenSky – Director Finds Abuse Of Process
By Anthony Bautista and Matt Johnson - In OpenSky Industries, LLC v. VLSI Technology LLC, Under Secretary of Commerce for Intellectual Property, Katherine Vidal, issued a precedential decision regarding OpenSky’s violation of the Director’s express order and...
Petitioner Estopped On “Uninstituted” Claim
By Hannah Mehrle and Matt Johnson - Click-to-Call (Plaintiff/Patent Owner) filed an infringement suit against Ingenio (Defendant/Petitioner) and others. Defendant filed an IPR challenging the asserted claims. In the IPR petition, Petitioner asserted multiple grounds...
Director Reviews Institution Decision Involving Interference Estoppel
By Carl Kukkonen - In Zynga Inc. v. IGT, IPR2022-00199, the USPTO Director, Kathi Vidal, sua sponte granted review and affirmed the decision instituting trial over patent owner's argument that the Board erred in its application of interference estoppel with regard to...
Motion to Amend Pilot Program Extended (Again)
By John Marlott - The United States Patent and Trademark Office (USPTO) has again extended the Motion to Amend (MTA) Pilot Program at the Patent Trial and Appeal Board (PTAB). The MTA Pilot Program provides a patent owner who files a motion to amend in a trial...
PTAB Statistics Through Eleven Months of FY2022
By Matt Johnson – The institution rate for post-grant petitions in FY 2022 through the end of August 2022 (Oct. 1, 2021 through August 31, 2022) stands at 66% (706 instituted, 366 denied) compared to 59% in the previous fiscal year. The Patent Office notes that on a...