General Plastic Factors Lead to Institution Denial
By Carl Kukkonen - The Patent Trial and Appeal Board (PTAB) in Videndum Production Solutions, Inc. v. Rotolight Limited (IPR2023-01219), recently denied a petition for inter partes review (IPR) of a patent on a lighting system and control for producing cinematic...
Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal
By Luke Cipolla and Dave Maiorana - On February 20, 2024, the Supreme Court denied Liquidia Technologies’ petition for a writ of certiorari to review a precedential Federal Circuit decision, United Therapeutics Corp. v. Liquidia Techs., Inc., 74 F.4th 1360 (Fed. Cir....
Federal Circuit Slices PTAB’s Printed Publication Finding
By Jareli Reynoso Gutierrez and Carl Kukkonen - Recently, the Court of Appeals for the Federal Circuit reversed one and vacated another Patent Trial and Appeal Board (“PTAB”) final written decision in which the PTAB determined that Weber Inc. (“Weber”) failed to...
PTAB Issues Sanctions for Attempted Extortion During “Settlement Negotiations”
By Owen Carpenter, Lisa Furby, and Dave Maiorana - Director Vidal recently issued sanctions against OpenSky Industries (“OpenSky”) for attempted extortion during settlement negotiations and abuse of the IPR process for US Patent 7,725,759 and awarded $413,264.15 to...
When Might a PTAB Rehearing Be Granted?
By Sabrina Bellantoni and Matt Johnson - Recently, the Patent Trial and Appeals Board (“PTAB”) granted a request for rehearing of a decision that denied an institution of inter partes review and then instituted a trial on all the challenged claims on all the grounds...