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PTAB Litigation Blog Blog

Articles: 1-10 of 320

Chicago-Kent Journal of IP: Precedential Opinion Panel Resolves Conflicts in PTAB Opinions on Joinder

USA - June 10 2019 Since its inception through the Leahy-Smith America Invents Act (“AIA”), the proper role and function of the Patent Trial and Appeal Board (“PTAB”)…

Federal Circuit Tightens Standing Requirements For IPR Appeal

USA - June 6 2019 The Federal Circuit recently tightened the standing requirements for an IPR appeal in AVX Corp. v. Presidio Components, Inc., No. 18-1106, 2019 WL…

Reexamination Does not Reset the IPR Clock

USA - June 6 2019 In Apple v. IXI IP, the PTAB affirmed that the issuance of a reexamination certificate adding additional claims to a challenged patent does not reset…

No Institution When Petition Lacked Sufficient Specificity

USA - June 5 2019 Petitioners beware. The PTAB will not “play archaeologist with the record” or assume the burden of making arguments if the Petitioner fails to…

Federal Circuit says the PTAB used the Wrong Shade of Diligence

USA - June 4 2019 As the sayings go, diligence is the mother of good luck, and necessity is the mother of invention. But for patents that fall under the pre-AIA…

PTAB FY 2019 Statistics Through April

USA - May 31 2019 Institution rates have ticked up while petition filing rates are down slightly so far compared to fiscal year 2018. The running rate for institutions…

No IPR Institution Due to a District Court Trial in Eleven Months Away

USA - May 30 2019 Our previous blog post on NHK Spring Co. v. Intri-Plex Techs., Inc., No. IPR2018-00752, Paper 8 (PTAB Sept. 12, 2018) (precedential), noted the…

Recent Developments on Article III Standing-to-Appeal AIA Trial Decisions

USA - May 23 2019 In past decisions, the Federal Circuit has made clear that a petitioner appealing a PTAB's final written decision upholding the patentability of…

PTAB Designates § 315(b) Time Bar Order Precedential

USA - May 21 2019 In an order designated precedential, the PTAB terminated an instituted IPR proceeding after the petitioner failed to establish that no real parties…

Precedential: PTAB Denies Co-Defendant’s Petitions As Unfair Follow-On Petitions

USA - May 16 2019 On April 2, 2019, the Patent Trial and Appeal Board issued a precedential decision that denied three petitions filed by Petitioner Valve Corporation…