Fintiv Factors: Institution Considerations In View Of Parallel Proceeding
By Prateek Viswanathan* and Thomas Ritchie - By creating the new precedential Fintiv factors, the PTAB provides guidance on what it will consider when deciding whether to deny institution of an IPR petition challenging patent claims that are also being litigated in a...
Cert Filed in Arthrex on Appointments Clause Issue
By Nate Andrews, John Marlott, and Dave Maiorana - The United States petitioned the Supreme Court for certiorari in Arthrex. Cert. Pet., No. 19-1434 (June 25, 2020). Two additional petitions for writs of certiorari have been filed, one by Arthrex and one by Smith...
Failure to Identify MPF Structure Tanks Petition
By Mike Lavine and Matt Johnson - On June 18, 2020, the PTAB denied an IPR petition because the Petitioner failed to sufficiently construe the means-plus-limitations of the challenged claims. Mattersight Corporation (“Mattersight”) owns the challenged patent, U.S....
PTAB Bar Association Law Journal: Post-AIT Review of Real Party in Interest Decisions
By Steph Brooker, Robby Breetz, Matt Johnson, and Tom Ritchie - 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...
No Arthrex Do-Over For PTAB Decision Denying IPR Institution
By Chris Liu and John Marlott - If the PTAB judges who denied institution of an IPR were unconstitutionally appointed under Arthrex at the time they issued that decision, does the petitioner get a second chance with a new panel of different PTAB judges? As we...