PTAB Panel Excuses Late Filings
By Levent Herguner, Derek Walker,* and Matt Johnson - On May 10, 2023, a PTAB Panel excused the late filings of the Patent Owner and allowed over thirty exhibits and a Corrected Patent Owner Response (“CPOR”) to be submitted into the record in Samsung Electronics Co.,...
APJ Stock Ownership Insufficient To Vacate
By Jack Graves and Matt Johnson - On May 16, 2023, the Federal Circuit denied a petition for a writ of mandamus to direct the Board to vacate an institution decision based on stock ownership of an administrative patent judges (“APJ”) in In re Centripetal Networks,...
PTAB Issues Back-to-Back Fintiv Denials After Dry Spell
By Sue Gerber and Matt Johnson - The PTAB recently issued back-to-back Fintiv denials. The first denial issued on May 4, 2023. Read here about Samsung Electronics Co. Ltd. v. California Institute of Tech., No. IPR2023-00130, Paper 10 (P.T.A.B. May 4, 2023). And the...
Discretionary Denial Despite Stipulation
By Hannah Mehrle and Matt Johnson - The Board exercised discretion under § 314 to deny inter partes review in view of co-pending district court litigation. In the Institution Decision, the Board evaluated the Fintiv factors in light of the USPTO Director’s June 2022...
Erroneous PGR Service Deemed Excusable by Split Panel
By Carl Kukkonen - In DynaEnergetics Europe GmbH et al v. QinetiQ Limited (PGR2023-00003), the petitioner filed its petition on the last possible day in the 9-month statutory period to timely file a petition for post-grant review (PGR). The certificate of service for...