by John Marlott | Jan 2, 2025 | District Court, PTAB News
By Connor Scholes, Daniel Sloan, and John Marlott – Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiff’s Motion to be Confirmed...
by Matthew Johnson | Dec 18, 2024 | District Court, Estoppel, PTAB News, PTAB Trial Basics
By Levent Herguner, Derek Walker, and Matt Johnson – The Promoting and Respecting Economically Vital American Innovation Leadership (“PREVAIL”) Act has moved to the Senate for a full vote after passing the Senate Judiciary Committee vote 11-10 on November 21,...
by Matthew Johnson | Sep 4, 2024 | Claim Construction, District Court, Estoppel, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – In 2016, the Federal Circuit expressed doubt that claim constructions from the PTAB could give rise to estoppel in later litigation because “the [PTAB] applies the broadest reasonable construction of the claims while the district...
by Matthew Johnson | Aug 28, 2024 | District Court, Estoppel, PTAB News
By Shane Padilla, Matt Chung, Sarah Geers, and Matt Johnson – The Federal Circuit recently issued a decision in SoftView LLC v. Apple Inc. clarifying the scope of patent owner estoppel set forth in 37 C.F.R. § 42.73(d)(3)(i). 2024 WL 3543902 (Fed. Cir. July 26,...
by Matthew Johnson | Jul 15, 2024 | District Court, PTAB News
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....
by Matthew Johnson | Jun 28, 2024 | District Court, Estoppel, Federal Circuit, PTAB News
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...
