Category: Patent Trial & Appeal Board
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USPTO Director goes against the grain, sides with inter partes review petitioner Tesla to reject discretionary denial request
After a raft of decisions and memoranda effectively telling IPR petitioners what they shouldn’t do, Director John Squires highlights a potential pathway to successful institution.
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PTAB invalidates final Centripetal patent tied to vacated $1.9 billion Cisco verdict
The PTAB on remand found several of the patent-at-issue’s claims obvious over a single prior art reference, ruling that even credible evidence of copying by Cisco couldn’t overcome a “strong case of obviousness” where the prior art was “essentially anticipatory”.
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Micron files declaratory judgment action on same day as patent grant in expansion of chipmakers’ fight with Netlist
The dispute over JEDEC-compliant memory technologies continues with a newly issued patent in the mix.
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Multiple amicus briefs filed after Google’s Supreme Court petition questioning USPTO’s “settled expectations” approach
Google argues the agency “has exceeded its statutory authority” in refusing to review patents in force for more than six years.
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Federal Circuit reverses fee award and sanctions based on broad scope of what is purely lack of merit
The Federal Circuit affirmed dismissal of mCom’s banking patent suits and upheld invalidity findings against the remaining asserted claims, but reversed both the fee award and the sanctions imposed against counsel, reiterating that unsuccessful patent litigation alone does not establish exceptional or abusive conduct.
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USPTO Director provides comprehensive explainer on discretionary denials policy in new decision
The Magnolia decision has essentially been used as a vehicle to communicate the USPTO’s evolving line on discretionary denials, offering detail for patentees and petitioners alike.
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USPTO Director dismisses more inter partes reviews under new rules against petitioners taking different positions on validity in court
Director John Squires is continuing to intervene to stop what he and others see as “bad faith” use of IPRs.
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The view from abroad: Korean companies have “urgent need” to revise U.S. strategies in face of evolving USPTO policy on inter partes reviews
The changes under Director John Squires are not going unnoticed in other major tech economies.
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IPR petitions hit lowest-ever monthly total in April as new USPTO policies take hold
Meanwhile, requests for ex parte re-examination have skyrocketed to their highest number in years.
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FedEx can fight another day in Qualcomm dispute, as Federal Circuit considers IPR real-parties-in-interest
The USPTO withdrew its initial defense of the PTAB’s refusal of FedEx’s arguments around real parties in interest.