PTO Publishes Executive Summary Of AIA-Institution Comments
On January 19th, the PTO published an Executive Summary encapsulating stakeholder feedback received from the October 20, 2020 Request for Comments on institution of America Invents Act (AIA) proceedings. The USPTO received 822 comments from a wide range of...
Estoppel Estopped for Remanded Claims
By Marlee Hartenstein and Matt Johnson - In General Access Sols., Ltd. v. Sprint Spectrum, et al., No. 2:20-cv-00007-RWS, ECF No. 128 (E.D. Tex. Dec. 1, 2020), the Eastern District of Texas denied a motion to strike invalidity defenses as barred by IPR estoppel for...
PTAB Adopts Nautilus Indefiniteness Standard
By John Marlott and Nick Bagnolo - In post-grant proceedings since 2018, the PTAB has applied the same claim construction standard as used in district court; a recent Memorandum confirms the PTAB will likewise apply the same standard that district courts use for...
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”...