Coordinate Arguments To Avoid Procedural Bars
By Dylan Burdelik,* Sachin Patel, and Matt Johnson - In a recent decision, 25 F.4th 1035 (Fed. Cir. 2022), the Federal Circuit dismissed for lack of jurisdiction an appeal of the PTAB’s decision that estopped a Petitioner from maintaining a third IPR that challenged...
Recap: Post-Arthrex Director Reviews State of Play
By Ben Baek,* Mike Lavine, and Matt Johnson - In a previous post from July 2021, we discussed the interim process for Director review in PTAB proceedings post-Arthrex. Since then, only three out of over 175 requests for Director review of a Final Written Decision have...
Patent Office Interim Process Aimed To Improve Consistency
By Sue Gerber and Matt Johnson - On May 26, 2022, the Patent Office issued its “Interim Process for PTAB Decision Circulation And Internal PTAB Review”. The Office issued the Process to explain its new procedures for circulating pre-issuance decisions, which were...
Claim Construction Clash Leads to Invalidity Reprieve
By Anthony Bautista and Matt Johnson - In XR Communications, LLC v. D-Link Systems, Inc. Et. Al., a judge in the Central District of California found that certain asserted claims claiming to wireless communication technology were barred by the doctrine of collateral...
Fintiv Discretionary Denials Remain In Play
By Hannah Mehrle and Matt Johnson - F5 Networks, Inc. (“Petitioner”) filed a Petition requesting an IPR. WSOU Investments, LLC d/b/a/ Brazos Licensing and Development (“Patent Owner”) filed a Preliminary Response. Here, the PTAB exercised its discretion under 35...