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...
PTAB Statistics Through Seven Months of 2020
By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through April 30, 2020) stands at 55% (370 instituted, 300 denied) compared to 63% in the previous fiscal year. This lower institution rate compared to prior years is a...
PTO Proposes PTAB POPR Presumption Principle Permutation
By Christian Roberts* and Matt Johnson - On May 27, 2020, the USPTO announced a notice of proposed rulemaking that would affect IPR, PGR and CBM proceedings. Most significantly, the proposed rules would eliminate the presumption in favor of petitioners for material...
Despite Uncertain Trial Date, PTAB Denies Institution
By Marc Blackman - Applying the PTAB’s precedential NHK decision, the PTAB exercised its discretion to deny institution of three timely filed IPR petitions due to the advanced stage of a related district court action. Intel Corporation v. VLSI Technology LLC,...