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...
June Boardside Chat: New Developments in AIA Trials
By Alex Li and Matt Johnson - On June 11, 2020, the Patent Trial and Appeal Board (PTAB) held a Boardside Chat webinar to discuss new developments in AIA trials. The discussion featured panelists Vice Chief Judge Michael Tierney and Lead Judge William Saindon. The...
A Dissenting Opinion On Weighing The Fintiv Factors
By Tom Ritchie - The PTAB has explained that it has discretion to deny an IPR petition even if the petitioner has shown that it meets the statutory threshold for institution, which requires “that there is a reasonable likelihood that the petitioner would prevail with...