Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Sue Gerber and Matt Johnson –
It goes without saying that claim construction is an important issue, but the PTAB’s recent decision in Netflix, Inc. v. DIVX, LLC, IPR2020-00558, Paper 66 (PTAB Feb. 22, 2024), shows not only that reasonable minds can differ about the proper
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PTAB Proposes Permanent MTA Pilot Program Rules
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Christian Roberts, and Daniel Sloan, and Matt Johnson –
On March 4, 2024, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) regarding Motion To Amend (“MTA”) Practice and Procedures…
PTAB Denies Parallel IPR Petition
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Owen Carpenter and Kenny Luchesi –
The PTAB recently denied Intel’s (Petitioner) parallel IPR petition (IPR2023-01140) against AX Wireless (Patent Owner) challenging certain claims of U.S. Pat. No. 10,917,272. The denial came after Intel filed a separate petition (IPR2023-01139) challenging different claims of the ’272 patent…
General Plastic Factors Lead to Institution Denial
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
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 lighting effects. The PTAB exercised its…
Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
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. 2023). Supreme Court of United…
Federal Circuit Slices PTAB’s Printed Publication Finding
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
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 demonstrate that certain patent claims…
PTAB Issues Sanctions for Attempted Extortion During “Settlement Negotiations”
When Might a PTAB Rehearing Be Granted?
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
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 raised by…
Director Issues Guidance on Use of AI for Documents Submitted to PTAB
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Carl Kukkonen, Stephanie M. Mishaga, and Pranita Dhungana –
USPTO Director Katherine K. Vidal issued guidance on February 6, 2024 regarding the use of AI in drafting materials submitted to the USPTO’s administrative boards, including the PTAB. Of biggest concern in the guidance is…
En Banc Federal Circuit Questions Standard for Design Patent Obviousness
Visit Jones Day’s PTAB Litigation blog at www.ptablitigationblog.com.
By Jesse Wynn and John Evans –
Changes to design patent validity law may be coming thanks to LKQ v. GM, a case that we’ve been tracking since April 2021. On February 5, 2024, in a rare en banc hearing, the Court of Appeals for the…