Arthrex Argued at Supreme Court
On Monday the Supreme Court heard arguments in the Arthrex case (Nos. 19-1434; -1452; -1458) (click link for transcript) regarding whether PTAB judges are principal officers, who must be appointed by the president and confirmed, or whether they are inferior officers...
Limited Fintiv Four Stip Unpersuasive
By Tom Ritchie - The PTAB considers the six Fintiv factors to determine whether to exercise its discretion to deny institution of an IPR petition in view of a parallel litigation. In that analysis, Fintiv factor four requires the PTAB to evaluate the overlap between...
Boardside Chat: SAS, MTAs, Fintiv, and Indefiniteness
By Andrea Beathard and Matt Johnson - On January 28, 2021, the PTAB held a Boardside Chat webinar at which three PTAB judges discussed four recent developments related to America Invents Act (“AIA”) trials. First, Vice Chief Judge Michael Tierney discussed what he...
Follow-On Petitions Must Be Justified and Timely
By Sean Benevento*, Mike Lavine, and Matt Johnson - The PTAB recently held that the General Plastic factors weighed in favor of denying a follow-on IPR petition filed after the Patent Owner filed a preliminary response to an earlier petition challenging the same...
Request for Second Fintiv Preliminary Reply Denied
By Raffaella Faraoni and Carl Kukkonen - On January 19, 2021, Petitioner, 10X Genomics, requested via email authorization to file 1) a five page brief addressing the Board’s institution decision in Samsung Electronics Co., Ltd. v. Acorn Semi, LLC, IPR2020-01204, (Jan....