Final FY 2020 PTAB Statistics Posted
By Matt Johnson - Total PTAB petitions remained flat in FY2020, with 1513 petitions total being filed: IPR (1429), PGR (64), and CBM (20), compared to 1464 in FY2019 and 1613 FY2018, down from 1901 in FY2017. September IPR petition filings were 4th highest for the...
PTAB Requests Comments Regarding Discretionary Institution Issues
By Matt Johnson - The Supreme Court has held the PTAB’s “decision to deny a petition is a matter committed to the Patent Office’s discretion,” and that there is “no mandate to institute review.” Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2140 (2016). Since the...
Invalidity Counter Against Unasserted Claim Does Not Implicate §315(a)
By Dave Maiorana - It is well-established that a counterclaim for invalidity in a district court litigation does not trigger the 35 U.S.C. § 315(a) bar. See 35 U.S.C. § 315(a)(3). See also our previous posts here and here discussing strategies for declaratory...
BREAKING: Arthrex Headed to the Supreme Court
By Matt Johnson - On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit's Arthrex decision, consolidating those three cases for briefing and argument. The questions to be presented are as follows: 1. Whether, for purposes of...
Federal Circuit’s Applications in Internet Time Decision Applied
By Matt Johnson - Throughout the Patent Trial and Appeal Board’s (“PTAB”) history, patent owners have tried to leverage a petitioner’s alleged failure to name all real parties-in-interest (“RPIs”) as a way to achieve denial of an inter partes review (“IPR”) petition...