Serge Subach
Mintz
Articles
Tip 4 for Avoiding IPR Institution: Don’t Argue Facts
USA - November 9 2020 We’ve previously written that the best defense to an IPR challenge is avoiding IPR institution altogether. In addition to the other tips discussed in...
IPR and fast-moving district court litigation: PTAB formalizes the analysis for balancing efficiency and fairness
USA - July 17 2020 The Patent Trial and Appeal Board (“PTAB”) has designated two key institution decisions as “Informative.” With these informative decisions, the PTAB...
Filling the Hole with Common Sense: When Evidentiary Support is Adequate
USA - July 6 2020 The Federal Circuit recently reaffirmed a case where common sense was used to supply a missing element in a 103 obviousness analysis. On June...
Shifting “Sands”: New Facts on the Ground Justify Institution of a Previously-Denied IPR
USA - June 25 2020 In a rare reversal, the Patent Trial and Appeal Board (“PTAB”) reassessed the Fintiv factors in a decision on a petition for rehearing of a previous...
Better Early Than Never: PTAB Confirms Willingness to Deny Institution In Light of Advanced State of Parallel Litigation
USA - May 18 2020 The Patent Trial and Appeal Board (“PTAB”) recently sent a warning to alleged infringers not to wait for the one year deadline to file IPR petitions...
