Category: Patent Trial & Appeal Board
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USPTO divisions’ clash over Apple patent invalidation decision undermines “integrity and consistency”, patentee alleges
A petition filed by Proxense against Apple has uncovered an inconsistency in results on substantially similar issues and the same underlying facts between decisions by the United States Patent & Trademark Office’s Patent Trial and Appeal Board and fellow internal division, the Central Reexamination Unit.
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USPTO issues more discretionary denials: Intel, Google, Nokia, Ericsson among losing petitioners
The significant inter partes review denials come less than a month after a Unified Patents report found the number of such decisions is three times higher than those under Director Andrei Iancu in 2020.
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USPTO on pace to quadruple discretionary denials under new interim procedures, report says
Recent data by Unified Patents has found that there were three times more United States Patent & Trademark Office’s Patent Trial and Appeal Board discretionary denial decisions in Q1 2025 than the last record number of decisions (167 in 2020).
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Pendulum swings back in favor of Fintiv in payment-system patent infringement dispute with Apple
The United States Court of Appeals for the Federal Circuit has reversed a Western District of Texas grant of summary judgment in a dispute between Fintiv and Apple, reviving Fintiv’s infringement claims and remanding them for trial.
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Federal Circuit hands victories to Apple, PayPal in parallel payment-system patent infringement disputes with Fintiv
The United States Court of Appeals for the Federal Circuit has thrown out an appeal against a Patent Trial and Appeal Board invalidation decision brought by Fintiv against Apple, after the same patent was already invalidated in a parallel case against PayPal.
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Supercomputer firm ParTec seeks discretionary denial of Microsoft’s PTAB IPR petition under Acting USPTO Director’s new bifurcated framework
A dispute over the architecture of server clusters used for AI could give rise to one of the first high-profile discretionary denials under Acting Director Coke Morgan Stewart’s new rules.
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Discretionary denials of PTAB inter partes reviews come back with a vengeance: Fintiv review inserted before potential merits proceedings
Within four weeks of her decision to rescind former USPTO Director Kathi Vidal’s memo narrowing the application of Fintiv, Acting Director Coke Morgan Stewart has taken another bold step favoring patentees.
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Japan’s Nippon Shinyaku vows to fight on in U.S. drug dispute against Sarepta Therapeutics, despite heavy $115 million blow
The Japanese pharma company initiated the drug patent litigation in 2021, but the case eventually boomeranged and a District of Delaware verdict last week ultimately handed Sarepta the win.
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Chinese medical device makers settle six-year pulse oximeter litigation in the U.S.
Beijing Choice and Contec settled their patent infringement dispute for US$1 million, and the defendant has agreed not to sell its fingertip oximeters in the U.S. without signing a licensing agreement first.
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$847 million patent verdict against Verizon; Ericsson on extended receiving end of $583M part, fighting patent at PTAB jointly with Nokia
Context: Hardly a month passes without a non-practicing entity (NPE) obtaining a patent damages verdict in the hundreds of millions of dollars in U.S. district court (May 11, 2024 ip fray article). What’s new: On Friday (June 28, 2024), a jury in the Eastern District of Texas awarded NPE General Access Solutions $847 million over…
