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PTAB Litigation Blog Blog

Articles: 1-10 of 362

CAFC Holds PTAB May Not Cancel Claims For Indefiniteness In An IPR

USA - February 18 2020 The Federal Circuit’s recent decision in Samsung Electronics America, Inc. v. Prisua Engineering Corp., — F.3d —, 2020 WL 543427, at *4 (Fed. Cir…

PTAB Permits Extra Briefing to Evaluate Request for Rehearing

USA - February 14 2020 In a recent decision, the PTAB admitted that it erred in its prior determination of unpatentability, and authorized supplemental briefing on the…

Federal Circuit Reluctantly Applies Arthrex Decision

USA - February 13 2020 On January 31, 2020, the Federal Circuit vacated and remanded a Patent Trial and Appeal Board (“PTAB”) Final Written Decision in view of Arthrex, but…

PTAB Statistics Through Q1 2020

USA - February 10 2020 The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through December 31, 2019) stands at 55% compared to 63% in the…

PTAB Bar Association Law Journal - Discretionary Denials of IPR Institution

USA - February 3 2020 On September 12, 2018, the PTAB in NHK Spring Co. v. Intri-Plex Techs., Inc. exercised its discretion under 35 U.S.C. § 314(a) to deny institution of…

IPR Petitioner Seeks Arthrex Remand Of PTAB Decision Denying Institution

USA - January 31 2020 In view of Arthrex, can an unsuccessful petitioner get a do-over of a PTAB decision denying institution of an IPR? The USPTO says no, and the Federal…

Collateral Estoppel Applied by District Court Following IPR on Similar Patents

USA - January 29 2020 In Think Prod., Inc. v. ACCO Brands Corp., No. 18-CV-07506, 2019 WL 6609427, at *1 (N.D. Ill. Dec. 5, 2019), the District Court addressed whether the…

Control of IPR Petition Remains Primary Factor in RPI Determination

USA - January 28 2020 Determining the Real Party-in-Interest (“RPI”) in an IPR can have critical implications for estoppel. A patent owner can prevent institution of an…

A Compelling Decision - Board Addresses Scope Of Work Product Protection

USA - January 24 2020 In a series of IPR proceedings between Petitioner Adobe Inc. and Patent Owner RAH Color Technologies LLC, the Patent Trial and Appeal Board declined…

POP: What Makes A Book A “Printed Publication”?

USA - January 21 2020 An petition to institute an inter partes review (IPR) can only be filed on the basis of prior art consisting of patents and printed publications. But…