by Tom Ritchie | Feb 25, 2021 | Trial Institution
By Tom Ritchie – The PTAB considers the six Fintiv factors to determine whether to exercise its discretion to deny institution of an IPR petition in view of a parallel litigation. In that analysis, Fintiv factor four requires the PTAB to evaluate the overlap...
by Matthew Johnson | Feb 12, 2021 | Amendment Practice, Trial Institution
By Andrea Beathard and Matt Johnson – On January 28, 2021, the PTAB held a Boardside Chat webinar at which three PTAB judges discussed four recent developments related to America Invents Act (“AIA”) trials. First, Vice Chief Judge Michael Tierney discussed what...
by Matthew Johnson | Feb 10, 2021 | Trial Institution
By Sean Benevento*, Mike Lavine, and Matt Johnson – The PTAB recently held that the General Plastic factors weighed in favor of denying a follow-on IPR petition filed after the Patent Owner filed a preliminary response to an earlier petition challenging the same...
by Matthew Johnson | Feb 5, 2021 | Trial Institution
By Raffaella Faraoni and Carl Kukkonen – On January 19, 2021, Petitioner, 10X Genomics, requested via email authorization to file 1) a five page brief addressing the Board’s institution decision in Samsung Electronics Co., Ltd. v. Acorn Semi, LLC, IPR2020-01204,...
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...
