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,...
What’s Good for the Goose: Federal Circuit Applies Arthrex to Inter Partes Reexaminations
By Pablo Hendler - In its May 13, 2020 decision in VirnetX Inc. v. Cisco Systems, Inc., the Federal Circuit confirmed that Arthrex applies to not only IPRs, but also inter partes reexaminations, if not all proceedings before the PTAB, explaining that if PTAB violates...
Appeal Vaporized: PTAB RPI Determinations Are Final
By Lisa Furby and Matt Johnson - The Federal Circuit’s decision in ESIP Series 2 v. Puzhen Life USA, LLC, No. 19-1659, held that the “no appeal” provision found in 35 U.S.C. § 314(d) (“Section 314(d)”) bars judicial review of PTAB determinations regarding the...
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. ...