PTAB Statistics Through Three-Fourths of FY 2020
By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through June 30, 2020) stands at 56% (478 instituted, 376 denied) compared to 63% in the previous fiscal year. This lower institution rate compared to prior years, and...
Follow On Petition Denied for Implicit “Significant Relationship”
By Jen Bachorik and Matt Johnson - In Ericsson Inc. v. Uniloc 2017, LLC, IPR2019-01550 (PTAB March 17, 2020) (Paper 8), the PTAB denied institution of inter partes review under 35 U.S.C. § 314, exercising its discretion to deny “follow-on petitions” challenging the...
Focus on Fintiv Factor Four
By Dave Cochran - In its precedential decision in Apple Inc. v. Fintiv, Inc., IPR 2020-00019, paper 11 (PTAB Mar. 20, 2020), the PTAB set forth a six factor “holistic” test for balancing considerations of system efficiency, fairness, and patent quality when a patent...
SCOTUS Says “Fresenius/Simmons Preclusion Principle” Stays Alive
By John Kinton - The Supreme Court recently denied Chrimar Systems, Inc. (Chrimar)’s petition for certiorari seeking to overturn the Federal Circuit’s “Fresenius/Simmons preclusion principle,” under which Chrimar’s district court victory against ALE USA Inc. (ALE)[1]...
LEAP: Additional PTAB Argument Time Offered For Junior Attorneys
By Stephanie M. Brooker and Matthew Johnson - Less experienced patent practitioners may be granted additional oral argument time in front of the Patent Trial and Appeals Board (PTAB) with the Legal Experience and Advancement Program (LEAP). LEAP helps foster...