IPR Petitioners Ineligible for Arthrex Relief
By Nate Andrews, John Marlott, Dave Maiorana, and John Evans On May 5, 2020 the Federal Circuit formally barred petitioners from seeking Arthrex remands. The Court issued a precedential order clarifying that only qualifying patent owners may seek the Arthrex remedy. ...
ARTHREX UPDATE: In a Sea of Remands, PTAB Tosses Itself a Lifeline
By Pablo Hendler - On May 1, 2020, the PTAB's Chief Administrative Patent Judge Scott R. Boalick issued a General Order holding in administrative abeyance more than 100 matters and “any other matters remanded by the Federal Circuit under Arthrex.” As was previously...
Fed. Cir.: Threat of Suit Over Past Infringement Confers Standing
By Albert Liou - The Federal Circuit’s April 30, 2020 decision in Grit Energy Solutions, LLC v. Oren Technologies, LLC, No. 2019-1063, held that a former patent infringement defendant who had sold off the allegedly infringing product line and obtained a dismissal of...
Lights Out For Solar Cell Follow-On Petition
By Dave Cochran and Robby Breetz - The PTAB denied institution of a follow on petition filed five months after an initial petition by the same petitioner, even though the two petitions were directed to different claims.[1] The Board found no persuasive explanation...
Junior Lawyers Can Receive Additional Argument Time
By Jasper L. Tran, Cameron Baker, and Matt Johnson - As fewer cases go to trial nowadays, judges have long been mindful of providing young lawyers with “stand-up” opportunities. For example, Judge William Alsup of the Northern District of California, in his Standing...