Federal Circuit: RPI Arguments Must First Be Raised at the PTAB
By Em Towers and Tom Ritchie - Apple Inc., et. al v. Gesture Technology Partners, LLC (March 4, 2025) (Moore (Chief Judge), Prost and Stoll) (on appeal from the Patent Trial and Appeal Board) [WAIVER; OBVIOUSNESS] The Federal Circuit affirmed the PTAB’s Final Written...
PTAB Clarifies Interim Workload Management Process
By Levent Herguner, Aeden Bempong,* and Matt Johnson - On April 17, 2025, following Acting Director Coke Morgan Stewart’s memorandum announcing a new interim process to manage the workload of all PTAB judges, the USPTO held a Boardside Chat outlining the new...
Applying Fintiv to a Parallel ITC Investigation
By Sabrina Bellantoni & S. Christian Platt - The Patent Trial and Appeals Board (“PTAB”) recently denied institution of an inter partes review (“IPR”), exercising its discretion under 35 U.S.C. § 314(a) and Apple Inc. v. Fintiv Inc., IPR2020-00019 (PTAB Mar. 20,...
April 2025 Institution Rate Slips Below 45 Percent
By Matt Johnson - The PTAB has published its monthly statistics wrap up for April 2025. As expected, those statistics show a significant decline in the institution rate compared to the first six months of the fiscal year. In those first six months, the overall...
Acting Director Releases First Decisions Under New Bifurcated Process
By Daniel C. Sloan and Matt Johnson - On May 16, 2025, USPTO Acting Director Coke Morgan Stewart released the first four discretionary denial decisions under the PTAB’s new process. Under the new process, the parties separately brief discretionary denial issues and...