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,...
Fed. Cir. Reaffirms No State Sovereign Immunity in IPRs
By Hannah Mehrle and Matt Johnson - In a non-precedential opinion, the Federal Circuit recently reaffirmed that state universities cannot use sovereign immunity to avoid patent challenges at the PTAB stating that, “sovereign immunity does not apply to IPR proceedings...
Book As A Printed Publication? Read Carefully.
By Sachin Patel* and Matt Johnson - Be careful not to confuse reprints with new editions when considering books as printed publications under 35 U.S.C. 102(b). In VidStream LLC v. Twitter, Inc., No. 2019-1734, 2020 WL 6937852 (Nov. 25, 2020), the Federal Circuit...
Like Dominoes: CBM Determination Held Not Appealable
By Albert Liou and Alison Ibendahl - A November 17, 2020 decision by the Federal Circuit has extended the Supreme Court’s April 2020 decision in Thryv, Inc. v. Click-to-Call Technologies, LP, 140 S. Ct. 1367 (2020), which held that institution decisions involving the...