by Greg Castanias | Jan 17, 2019 | Federal Circuit Appeal, PTAB News, Time Limits
By Greg Castanias and Doug Pearson On January 11, 2019, Dex Media filed a Petition for Writ of Certiorari seeking review of the Federal Circuit’s decision in Click-To-Call Tech. v. Ingenio, Inc., 899 F.3d 1321 (Fed. Cir. 2018) (en banc in relevant part). ...
by John Marlott | Dec 28, 2018 | Federal Circuit Appeal
By John Marlott – Estimates are that roughly 80% of IPRs involve a challenge to a patent being asserted against the petitioner in a district court litigation. Typically, in those IPRs, if the litigation-defendant-petitioner loses at the PTAB, there is no...
by Matthew Johnson | Dec 5, 2018 | Trial Institution
In its April 2018 decision in SAS Institute, Inc. v. Iancu, the U.S. Supreme Court held that when conducting an inter partes review, the U.S. Patent Office must determine the patentability of each of the claims challenged by the petitioner. Jones Day partners Dave...
by Matthew Johnson | Dec 3, 2018 | 325(d) issues
By Mike Lavine and Matt Johnson On November 19, 2018, the Supreme Court of the United States (SCOTUS) rejected a petition to review the PTAB’s refusal to deny IPR institution under § 325(d), in a case where the challenged patent had survived several previous validity...
by Joe Sauer | Oct 24, 2018 | PTAB News
By David Anderson and Joe Sauer As an update to the May 15, 2018 post, available here, some post-SAS trends appear to be taking shape. For the five-month period from May 2018 through September 2018, the PTAB issued 538 institution decisions. Of these, the PTAB...
