686 articles · page 20 of 58
The PTAB has been grappling with how to manage IPR petitions for patents that are also being challenged in federal district court, particularly when the district court is set to determine the patent validity prior to the PTAB’s final written…
If the PTAB Fee Model is Biased, Patent Owners Have Much Bigger Problems Recently, a due process challenge has been raised to the PTAB fee model in New Vision Gaming v. SG Gaming Inc. The argument, in a nutshell, is that because the fees for AIA trial…
AIA Trial Fees Increasing + New Pro Hac Fee The United States Patent and Trademark Office (USPTO) is increasing Patent and Patent Trial and Appeal Board (PTAB) fees for a second time in three years. The new fees schedule, effective October 2, 2020, incudes…
ALACRITECH, INC. V. INTEL CORP., CAVIUM, LLC, DELL, INC. Before Stoll, Chen, and Moore. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB’s obviousness determination must meet the Administrative Procedure Act’s requirements to be…
FANDUEL, INC. v. INTERACTIVE GAMES LLC Before Dyk, Moore, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: The Board does not violate the Administrative Procedure Act (APA) if it institutes trial and then reconsiders the substantive…
AUSTRALIAN THERAPEUTIC v. NAKED TM, LLC Before O’Malley, Reyna, and Wallach. Appeal from the Trademark Trial and Appeal Board Summary: Standing to Challenge A Registered Mark at the TTAB Does Not Depend on the Challenger’s Proprietary Right to…
Delaware Cases Slipping 4-6 Months The practice of denying AIA trial petitions in view of competing district court trial dates has brought some negative attention to the Patent Trial & Appeal Board (PTAB) over the past few months . At the same time, patent…
UNILOC 2017 LLC v. HULU, LLC Before O’Malley, Wallach, and Taranto. O’Malley dissenting. Appeal from the Patent Trial and Appeal Board. Summary: The Board did not exceed its statutory authority in an inter partes review proceeding by rejecting…
Settlement by Amendment Scenario Thwarted in PTAB Rehearing Reversal Last March, I explained the strange scenario playing out in ZTE USA Inc., & LG Electronics Inc. v. Cywee Group LTD . (IPR2019-00143). In ZTE, the original petitioner was joined upon…
Roughly 10% of AIA Proceedings Involve Amendments Earlier this week the Patent Trial & Appeal Board (PTAB) released the sixth installment of its Motion to Amend Study. The study tracks and analyzes all motions to amend filed in America Invents Act trials,…
IPR Joinder Decisions Unreviewable Post-Thryv? On July 8th, in Fitbit, Inc. v. Valencell, Inc., the Federal Circuit appeared to telegraph that it will vacate its decision in Facebook, Inc. v. Windy City Innovations, LLC . Will the PTAB follow its former…
FITBIT, INC. v. VALENCELL, INC. Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board. Summary: Notwithstanding its rejection of the Petitioner’s proposed claim construction, the PTAB may not end an obviousness inquiry without…
