PTAB Not Required to Decode Petitioner Arguments
By Dave Maiorana and Megan McKnelly - In a precedential opinion, the Federal Circuit affirmed two Patent Trial and Appeal Board (“PTAB”) patentability decisions, holding that the PTAB did not abuse its discretion by not addressing arguments not clearly presented in...
Failure to Make Full Sotera-Stipulation Contributes to Denial
By Evan Tassis and Matt Johnson - In an increasingly rare exercise of discretion, the PTAB denied institution of inter partes review under Fintiv in Zhuhai Cosmx Battery Co., Ltd. v. Ningde Amperex Technology Limited, IPR2023-00587. The PTAB reasoned that the late...
Expectation of Success Analysis Need Not Be Separate
By Jack Graves and Matt Johnson - In Elekta Limited v. Zap Surgical Systems, Inc., the Federal Circuit recently affirmed a PTAB decision finding certain claims of a patent owned by Elekta Limited (“Elekta”) to be unpatentable, even though the PTAB decision had not...
Deadline IPR Service Fails to Bar Institution
By Tova Werblowsky* and Matt Johnson - The PTAB recently granted institution of inter partes review despite the Patent Owner not receiving the petition for the proceeding until three business days after the statutory deadline. See Kahoot! ASA and Kahoot Edu, Inc., v....
Federal Circuit Confirms PTAB Standard of Review
By Carl Kukkonen and Matt Carey - The Federal Circuit in Sisvel International S.A. v. Sierra Wireless, Inc. (Fed. Cir. Sept. 1, 2023) (Prost, Reyna, and Stark) affirmed a PTAB decision finding anticipated and/or obvious certain claims of two patents directed to the...