by Sarah Geers | Apr 12, 2023 | PTAB News, PTAB Trial Basics
By Sarah Geers and Ashvi Patel – In its second-ever Final Written Decision in a derivation proceeding, the Patent Trial and Appeal Board (“PTAB”) determined that a patent application for a biocidal composition and method of producing said biocidal...
by Matthew Johnson | Mar 30, 2023 | Final Written Decisions, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – An IPR “shall be terminated with respect to any petitioner upon the joint request of the petitioner and patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed.” 35...
by Matthew Johnson | Mar 27, 2023 | PTAB News, Trial Institution
By Anthony Bautista and Matt Johnson – In Apple, Inc. v. Katherine K. Vidal, the Federal Circuit ruled that Apple and the other plaintiffs could continue their suit on a lone surviving challenge to the PTAB Director’s rulemaking procedures regarding...
by Matthew Johnson | Mar 22, 2023 | PTAB News, PTAB Trial Basics
By Matt Chung and Matt Johnson – On February 24, 2023, Director Kathi Vidal issued a decision under director review granting rehearing and modifying the final written decision for Nested Bean, Inc. v. Big Beings USA Pty. Ltd. Nested Bean, Inc. (“Nested Bean”)...
by Matthew Johnson | Mar 17, 2023 | PTAB News, Trial Institution
By Hannah Mehrle and Matt Johnson – In IPR2022-01242, Director Vidal clarified that her prior guidance, which allows the Board to institute inter partes review even if the Fintiv factors favor discretionary denial first requires the Board to find that Fintiv...
by Matthew Johnson | Feb 23, 2023 | PTAB News
By Christian Roberts and Matt Johnson – On December 22, 2022, Director Kathi Vidal issued a pair of decisions in the OpenSky v. VLSI saga, dismissing OpenSky Industries LLC (“OpenSky”) and Patent Quality Assurance LCC (“PQA”) from their respective challenges of...
