Follow

PTAB Litigation Blog Blog

Articles: 1-10 of 448

Limited Fintiv Four Stip Unpersuasive

USA - February 27 2021 The PTAB considers the six Fintiv factors to determine whether to exercise its discretion to deny institution of an IPR petition in view of a parallel…

No Rehearing Response During POP Request Pendency

USA - February 19 2021 In Sand Revolution II, LLC v. Continental Intermodal Group-Trucking LLC, IPR2019-1393, Paper 19, (PTAB April, 7 2020), the Board denied briefing based…

Boardside Chat: SAS, MTAs, Fintiv, and Indefiniteness, PTAB Litigation Blog

USA - February 17 2021 On January 28, 2021, the PTAB held a Boardside Chat webinar at which three PTAB judges discussed four recent developments related to America Invents…

Request for Second Fintiv Preliminary Reply Denied

USA - February 6 2021 On January 19, 2021, Petitioner, 10X Genomics, requested via email authorization to file 1) a five page brief addressing the Board’s institution…

Filing Date Motion Granted Due To COVID-19

USA - November 23 2020 NeuMoDx Molecular, Inc., (Petitioner) who was otherwise barred from pursuing two IPR proceedings regarding patents owned by HandyLab, Inc. (Patent…

PTAB Allows Input on POP Review Requests Using Online Form

USA - November 19 2020 The PTAB has added an online form to the USPTO website that allows the submission of an amicus request addressing a pending request for Precedential…

Fed. Circuit Cautions Against Narrow Application of Analogous Art Test

USA - November 11 2020 One of the steps in a proper obviousness analysis is to ascertain the scope and content of the prior art and the differences between the prior art and…

District Court Issues Sanctions for Patent Owner’s Shapeshifting Arguments at the PTAB

USA - October 30 2020 Although infrequently awarded, district courts are empowered to issue sanctions for behavior at the PTAB that they deem “exceptional” under Octane…

PTAB Requests Comments Regarding Discretionary Institution Issues

USA - October 20 2020 The Supreme Court has held the PTAB’s “decision to deny a petition is a matter committed to the Patent Office’s discretion,” and that there is “no…

Invalidity Counter Against Unasserted Claim Does Not Implicate §315(a)

USA - October 15 2020 It is well-established that a counterclaim for invalidity in a district court litigation does not trigger the 35 U.S.C. § 315(a) bar. See 35 U.S.C. §…