Interim Procedure for Discretionary Denials Established
By David Linden and Dave Maiorana - On June 21, USPTO Director Kathi Vidal issued a memorandum concerning the PTAB’s practice of determining whether to institute an AIA post-grant proceeding in view of the Fintiv factors. The memorandum is in part a result of...
Patent Owner Ordered To Produce Infringement Contentions
By Connor Scholes,* Evan Jones, and Matt Johnson - On May 3, 2022, a panel of three PTAB administrative patent judges granted a motion for additional discovery in TCL Industries Holdings Co., Ltd. v. Parkervision, Inc., IPR2021-00985, (PTAB 2022), in which the PTAB...
Federal Circuit Approves Interim-Director Director Reviews
By Kaylee Rabatin and Matt Johnson - The Federal Circuit’s decision on May 27, 2022 in Arthrex Inc. v. Smith & Nephew Inc. et al., set forth that Patent Commissioner, Drew Hirshfeld, was within the bounds of the U.S. Supreme Court’s United States v. Arthrex ruling...
Fintiv Denial Despite Stipulation
By Evan Jones, Nicole Newman,* and Matt Johnson - On May 9, 2022, the Patent Trial and Appeal Board denied Hillman Group, Inc.’s (“Hillman’s”) three petitions for inter partes review. See The Hillman Group, Inc. v. Hy-Ko Products Co. LLC, IPR2022-00168, -00169, and...
PTAB News and Notes
By Lisa Furby and Matt Johnson - Within the past few weeks, the PTAB has issued new guidance addressing a number of important issues including the use of applicant admitted prior art, the Director review process, and changes to PTAB hearings going forward. Earlier...