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2 weeks ago | 
jdsupra.com | Matthew Johnson |Joshua Nightingale |Daniel Sloan
Recent developments at the USPTO suggest a significant shift in favor of the PTAB exercising discretionary denial and uncertainty on behalf of parties to PTAB proceedings. On March 24, 2025, following the February 28, 2025 rescission of former Director Vidal’s June 21, 2022 memorandum entitled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation,” Chief Administrative Patent Judge Scott R.
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Jan 10, 2025 | 
mondaq.com | Daniel Sloan |Matthew Johnson
Petitioners may soon need to check their account balances, asthe United States Patent and Trademark Office ("USPTO")is raising patent fees across the board, effective January 19,2025. 89 Fed. Reg. 91898.
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Jan 3, 2025 | 
jdsupra.com | Daniel Sloan
Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiff’s Motion to be Confirmed as the Prevailing Party under Fed. R. Civ. P. 54(d) and for Taxable Costs. Packet Intelligence L.L.C. v. Netscout Sys., Inc., No. 2:16-CV-00230, 2024 WL 4505457 (E.D. Tex. Oct. 16, 2024) (“Order”) at *4. Judge Gilstrap also granted in part the defendants’ Motion for Bill of Costs.
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Nov 9, 2024 | 
msn.com | Daniel Sloan
Continue reading More for You Continue reading More for You
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Jul 31, 2024 | 
mondaq.com | Jennifer J. Chheda |Sarah A. Geers |Matthew Hertko |Daniel Sloan
In Short
The Situation: Senate Bill 150 ("S.B.
150")—the Affordable Prescriptions for Patients Act of
2023—unanimously passed the Senate and would amend 35 U.S.C.
§ 272(e) to limit, under certain circumstances, the number of
patents that a sponsor of an originator biological product, or RPS,
may assert in an infringement action against a biosimilar
applicant.
The Result: S.B. 150 has been sent to the
United States House of Representatives.
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Jul 13, 2024 | 
mondaq.com | Matthew Johnson |Daniel Sloan
On May 6th, 2024, the PTAB declined Ubiquiti Inc.'s
("Petitioner's") request to institute inter partes
review. Ubiquiti Inc. v. XR Communications LLC D/B/A Vivato
Tech., IPR2024-00148, Paper 12 (May 6, 2024). The PTAB simultaneously denied Petitioner's
Motion for Leave to File Motion to Reopen inter partes review,
Petitioner's Motion to Waive the Time Limit for Filing a Motion
for Joinder, and Petitioner's Motion for Joinder.
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Jul 11, 2024 | 
jdsupra.com | Matthew Johnson |Daniel Sloan
[co-author: Ariana Tsanas]*On May 6th, 2024, the PTAB declined Ubiquiti Inc.’s (“Petitioner’s”) request to institute inter partes review. Ubiquiti Inc. v. XR Communications LLC D/B/A Vivato Tech., IPR2024-00148, Paper 12 (May 6, 2024). The PTAB simultaneously denied Petitioner’s Motion for Leave to File Motion to Reopen inter partes review, Petitioner’s Motion to Waive the Time Limit for Filing a Motion for Joinder, and Petitioner’s Motion for Joinder.
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Jun 25, 2024 | 
mondaq.com | David Cochran |Daniel Sloan
On April 25, 2024, the PTAB denied Masimo Corporation's
("Petitioner's") second petition for inter partes
review ("IPR") against U.S. Patent No. 10,076,257
(the "'257 patent"). Masimo Corp. v. Apple
Inc., IPR2024-00071, Paper 7 (Apr. 25, 2024). Applying
General Plastic Indus. Co. v. Canon Kabushiki Kaisha,
IPR2016-01357, Paper 19 at 15–16 (PTAB Sept.
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Jun 24, 2024 | 
jdsupra.com | David Cochran |Matthew Johnson |Daniel Sloan
On April 25, 2024, the PTAB denied Masimo Corporation’s (“Petitioner’s”) second petition for inter partes review (“IPR”) against U.S. Patent No. 10,076,257 (the “’257 patent”). Masimo Corp. v. Apple Inc., IPR2024-00071, Paper 7 (Apr. 25, 2024). Applying General Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 at 15–16 (PTAB Sept.
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May 16, 2024 | 
mondaq.com | Jennifer J. Chheda |Daniel Sloan
Visit the PTAB
Litigation Blog
In denying Petitioner Medivis, Inc.'s ("Medivis")
Request for Rehearing of the Patent Trial and Appeal Board's
("PTAB") Final Written Decision ("FWD") in
Medivis, Inc. v. Novarad Corp. inter partes review, the PTAB found that at the final
decision stage a petitioner must establish public accessibility of
a reference by a preponderance of the evidence. Medivis, IPR2023-00042, Paper 37 at 5 (PTAB April 23,
2024) ("Rehearing Decision").
