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...
Reminder: Estoppel May Not Preclude Prior-Art Systems
By Sue Gerber and Matt Johnson - The estoppel statute precludes a defendant who has challenged a claim in an IPR reaching final written decision from later challenging that claim on any ground that it raised or reasonably could have raised during the IPR proceedings. ...