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,...
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By Hannah Mehrle and Matt Johnson - In a non-precedential opinion, the Federal Circuit recently reaffirmed that state universities cannot use sovereign immunity to avoid patent challenges at the PTAB stating that,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...