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”...
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...