No Supplemental Information Permitted To Fix Petition Faults
By Carl Kukkonen - On February 28, 2022, in American Well Corporation v. Teladoc Health, Inc. IPR2021-00748, the PTAB denied a motion to submit supplemental information. In this matter, the Board instituted a trial of all claims and all requested grounds. In the...
PTAB Does Not Provide a Supplemental Discovery Venue
By Nick Bagnolo and Matt Johnson - Following the grant of institution of a recent IPR petition in the matter of Satco Products, Inc. v. The Regents of the University of California, IPR2021-00662, Paper 26 (PTAB Feb. 11, 2022) concerning U.S. Patent No. 10,644,213...
RPI: Not Quite a Jurisdictional Requirement
By Mike Lavine, Matt Chung, and Matt Johnson - Recently, the Patent Trial and Appeals Board (PTAB) declined to terminate an inter partes review (IPR) proceeding despite the Petitioner’s alleged failure to identify all the real parties-in-interest (RPIs). Unified...
PTAB Statistics Through Four Months of FY2022
By Matt Johnson – The institution rate for post-grant petitions in FY 2022 through the end of January 2022 (Oct. 1, 2021 through January 31, 2022) stands at 63% (279 instituted, 164 denied) compared to 59% in the previous fiscal year. The Patent Office notes that on...
DON’T SAVE THE BEST: FEDERAL CIRCUIT CONFIRMS BROAD IPR ESTOPPEL
By Ana Teixeira and Matt Johnson - The patent fight between Caltech and Broadcom/Apple made waves this month when the Federal Circuit vacated the $1.1 billion infringement award that Caltech had won in district court. To PTAB practitioners, however, the sea change...