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. ...
PTAB Touts Soaring MTA Pilot Program
By Megan McKnelly* and S. Christian Platt - On December 3, 2020, the Patent Trial and Appeal Board (“PTAB”) released data regarding the usage and success rates of its Motion to Amend (“MTA”) Pilot Program (“Pilot”). All PTAB cases instituted on or after March 15,...
Fintiv Factor Cases Designated Precedential
On December 17th, the PTAB designated two decisions applying the Fintiv factors as precedential. We will break these cases down in detail in the coming days on the PTAB Litigation Blog. Sotera Wireless, Inc. v. Masimo Corporation, IPR2020-01019, Paper 12 (Dec. 1,...