Serge Subach
Mintz
Articles
Nonobviousness of Commercially Successful Designs: Mmm, Mmm, Not So Fast
USA - August 31 2021 It is said that Andy Warhol painted the famous Campbell’s Soup Cans after an art gallery proprietor told him to paint “something you see every day and…
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…
