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...
American Rule Applied to PTAB Attorney’s Fees
By Robby Breetz and Matt Johnson - In Amneal Pharmaceuticals LLC v. Almirall, LLC, the Federal Circuit recently found 35 U.S.C. § 285 did not authorize the Court awarding attorney’s fees for conduct occurring at the PTAB. No. 2020-1106, 2020 WL 2961939, at *2 (Fed....
District Courts Find PTAB Statements Constitute Disclaimer
By Phil Shelton* and Carl Kukkonen - In Linksmart Wireless Tech., LLC v. Caesars Entm't Corp., Case No. 2:18-cv-00862-MMD-NJK (D. Nev. May 8, 2020) the Court addressed disputed claim terms in U.S. Reissued Patent No. RE46,459 (the “’459 Patent”), Linksmart had alleged...
PTAB Institutes Despite ITC Investigation
By Marlee Hartenstein and Matt Johnson - In 3Shape A/S v. Align Tech., Inc., IPR2020-00223, Paper 12 (May 26, 2020), the PTAB declined to deny institution of an inter partes review involving a patent challenged in a pending ITC investigation. Despite the advanced...