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District Court Charts Middle Ground In Prosecution Bar

District Court Charts Middle Ground In Prosecution Bar

By Nick Marasco,* Matt Modderman, Matt Johnson - The U.S. District Court for the District of Delaware recently issued a protective order settling a dispute over the scope of a proposed prosecution bar. Aerin Medical Inc. v. Neurent Medical Inc., No. 23-756, Dkt. Nos....

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PTAB Nixes IPR Revival

PTAB Nixes IPR Revival

By Ariana Tsanas*, Matt Johnson, and Daniel Sloan - On May 6th, 2024, the PTAB declined Ubiquiti Inc.’s (“Petitioner’s”) request to institute inter partes review.  Ubiquiti Inc. v. XR Communications LLC D/B/A Vivato Tech., IPR2024-00148, Paper 12 (May 6, 2024).  The...

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PTAB Statistics Through Seven Months of FY2024

PTAB Statistics Through Seven Months of FY2024

By Tom Ritchie - The institution rate for post-grant petitions in FY 2024 through the end of April 2024 (the period from Oct. 1, 2023 through April 30, 2024) stands at 66% (427 instituted, 230 denied).  This rate remains flat compared to the previous two fiscal years...

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IPR Estoppel in Action

IPR Estoppel in Action

By Sabrina Bellantoni and Matt Johnson - Recently, District Court Judge Thomas S. Zilly in the Western District of Washington granted Ironburg Inventions Ltd.’s (“Ironburg”) motion for inter partes review (“IPR”) estoppelpursuant to 35 U.S.C. § 315(e)(2), which...

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