by Matthew Johnson | Feb 3, 2021 | PTAB Trial Basics, Trial Institution
By Andrea Beathard, Sue Gerber, and Matt Johnson – Although the PTAB had previously stated that it would “rarely” be appropriate for a petitioner to file multiple petitions against the same patent, in Dolby Laboratories, Inc. v. Intertrust Technologies Corp.,...
by Matthew Johnson | Jan 22, 2021 | Trial Institution
By Michael Oblon, Matt Johnson, and Nick Bagnolo – Although first briefly mentioned as a possibility in the August 2018 Trial Practice Guide Update (page 10), outside of one instance (Bio-Rad Labs. v. 10X Genomics, IPR2019-00567; -00568, August 8, 2019), PTAB...
by Matthew Johnson | Jan 22, 2021 | PTAB News, Trial Institution
On January 19th, the PTO published an Executive Summary encapsulating stakeholder feedback received from the October 20, 2020 Request for Comments on institution of America Invents Act (AIA) proceedings. The USPTO received 822 comments from a wide range of...
by Matthew Johnson | Jan 19, 2021 | Estoppel, Federal Circuit Appeal
By Marlee Hartenstein and Matt Johnson – In General Access Sols., Ltd. v. Sprint Spectrum, et al., No. 2:20-cv-00007-RWS, ECF No. 128 (E.D. Tex. Dec. 1, 2020), the Eastern District of Texas denied a motion to strike invalidity defenses as barred by IPR estoppel...
by Matthew Johnson | Jan 6, 2021 | Stay
By Alex Li and Matt Johnson – District courts commonly stay patent litigation cases pending inter parties review (IPR) that assesses the validity of the patents-in-suit before the Patent Trial and Appeal Board (PTAB). Such stay may be lifted or extended at...