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The Supreme Court Issues its Arthrex Opinion

USA - June 21 2021 Today, in an opinion by Chief Justice Roberts, the Supreme court issued its opinion in U.S. v. Arthrex, Inc., vacating the Federal Circuit's opinion…

Justin L. Krieger.

The Continuing Evolution of the PTAB’s Fintiv Decision - A Brief Update

USA - May 24 2021 Much attention has been focused on the Board’s discretionary denial of petitions based on the factors set out in the Fintiv decision.1 The focus is…

Partial Waiver of District Court Invalidity Challenges not Sufficient to Prevent Denial of IPR Institution

USA - March 11 2021 The PTAB’s precedential Fintiv decision (Apple v. Fintiv, Inc, IPR2020-00019) held that the PTAB could deny institution of an IPR, even within the one…

Paul C. Haughey.

Limiting the Use of Applicant Admitted Prior Art

USA - August 19 2020 Today, the USPTO issued a memorandum providing guidance on the use of Applicant Admitted Prior Art (“AAPA”). The guidance limits the use of AAPA…

Video | Fallout from the Fintiv Precedential Decision

USA - July 15 2020 On May 5th, the Board designated an order regarding discretionary denial precedential. Apple v. Fintiv, Inc, IPR2020-00019, Paper 11 (P.T.A.B. Mar. 20…