Staying Still: District Court Extends Stay Pending Appeal
By Alex Li and Matt Johnson - District courts commonly stay patent litigation cases pending inter parties review (IPR) that assesses the validity of the patents-in-suit before the Patent Trial and Appeal Board (PTAB). Such stay may be lifted or extended at district...
PRECEDENTIAL: Stipulation Roadmap for Fintiv Factor Four
By Nick Bagnolo and Dave Cochran - It has now been more than seven months since the PTAB designated Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020), as a precedential decision. Under this precedent, the PTAB applies a six factor, “holistic”...
PRECEDENTIAL: PTAB Declines To Resolve RPI Dispute
By Chris Hodge* and Carl Kukkonen - In a recently designated precedential decision, the Patent Trials and Appeals Board (“PTAB”) considered challenges to claims covering autonomous robotic cleaning devices. SharkNinja Operating LLC v. iRobot Corp., IPR2020-00734,...
Multiple-Petition Strategies Fall Into Disfavor
By Lisa Furby and Matt Johnson - The results of a recent update to the PTAB Multiple Petition Study show Petitioners face an uphill battle when attempting to utilize a multiple petition strategy. These results, discussed during the December 10, 2020 Boardside...
Advanced Bionics § 325(d) Activ-ity
By Dave Maiorana and Zach Sharb - On December 7, 2020, the PTAB granted Activ Financial Systems, Inc.’s (“Activ”) petition for inter partes review of claim 43 and 44 of IP Reservoir LLC’s (“IP Reservoir”) U.S. Patent No. 10,062,115 (the ’115 Patent), directed towards...