Insufficient Arguing Below Causes Forfeited Review Above
By Adam J. Cook* and Josh Nightingale - Absent exceptional circumstances, the Federal Circuit will generally not consider arguments that a party failed to present in the tribunal under review. In Netflix, Inc. v. DivX, LLC, the Federal Circuit held that IPR...
USPTO Provides Insight on AMPRM Proposals
By Stephanie Mishaga, Emily Towers, and Matt Johnson - The USPTO issued an advance notice of proposed rules (“ANPRM”) on April 21, 2023 and is requesting comments and feedback from practitioners on proposed, proposed changes at the PTAB. The full ANPRM document is...
VLSI Claims Deemed Unpatentable
By Adam J. Cook,* Christian Roberts, and Matt Johnson - On May 12, 2023, the Intel v. VLSI chronicle continued as the PTAB issued a final written decision holding that all of the challenged claims of VLSI’s U.S. Patent No. 7,725,759 (“the ’759 patent”) were...
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,...