by Geoffrey Gavin | Sep 12, 2019 | PTAB Trial Basics, Standing
By Geoffrey Gavin and Matt Johnson The PTAB designated as precedential a January 2019 panel decision relating to the bar on instituting an IPR under 35 U.S.C. § 315(a)(1) when the petitioner previously filed a civil action challenging the validity of the patent. See...
by Matthew Johnson | Aug 1, 2019 | Federal Circuit, Prior Art Issues, Standing
By Elizabeth Dengler,* Mike Lavine, Jihong Lou, Matthew Johnson Samsung Electronics Co., Ltd. (“Samsung”) petitioned for inter partes review (“IPR”) of U.S. Patent No. 8,917,772 (“the ‘772 Patent”), which is owned by Infobridge and is directed to encoding and decoding...
by Greg Castanias | Jun 21, 2019 | Standing
Gregory A. Castanias and Jihong Lou On June 10, in a 6-3 decision in Return Mail, Inc. v. United States Postal Service, the Supreme Court ruled that a federal agency is not a “person” eligible to request post-issuance review of a patent under the Leahy-Smith America...
by Greg Castanias | Jun 18, 2019 | PTAB News, Standing
By Greg Castanias, Dave Cochran, Jennifer Swize, and Jihong Lou The Supreme Court ruled in Return Mail that a federal agency is not a “person” who may challenge an issued patent in inter partes review, post-grant review, or CBM review under the AIA. In its...
by Matthew Johnson | Mar 5, 2019 | Standing, Time Limits
By Alex Li and Matt Johnson On January 31, 2019, the Patent Trial and Appeal Board issued a decision granting institution of inter partes review in Sling TV, L.L.C. v. Realtime Adaptive Streaming, L.L.C., No. IPR2018-01331, where the Board held that a patent...
by Greg Castanias | Feb 27, 2019 | Standing
By Gregory Castanias and Jihong Lou On February 19, the Supreme Court heard oral argument in Return Mail, Inc. v. United States Postal Service, No. 17-1594 (U.S.). This case raises an interesting question of statutory interpretation: whether the government is a...
