Plex Technologies News Today

The USPTO responded last week to a petition for certiorari that is asking the Supreme Court to overturn a Federal Circuit decision that said appellate review of whether the Patent Trial and Appeal Board’s discretionary denial rules for inter partes review are “arbitrary and capricious” is precluded by statute.

On March 13, 2023, in Apple, Inc., et al. v. Vidal, Case No. 2022-1249 (Fed. Cir. March 13, 2023), the Federal Circuit reversed and remanded a decision from the Northern District of...

Apple Inc. v. Vidal, Appeal No. 2022-1249 (Fed. Cir. Mar. 13, 2023) In our Case of the Week, the Federal Circuit allowed Apple’s challenge to the Patent Trial and Appeal...

No recent Patent Trial and Appeal Board (PTAB) decision has been more impactful than Apple Inc. v. Fintiv, Inc., IPR2020-00019 (Mar. 20, 2020). It has led to about 200 discretionary...

Although the U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez is not related to either patent or administrative law, its effects on constitutional standing are broad-reaching...

In Apple, Inc. v. Iancu, Judge Edward Davila dismissed a lawsuit brought by tech companies who had asked to set aside the "NHK-Fintiv rule."

In Apple, Inc. v. Iancu, Judge Davila dismissed a lawsuit brought by tech companies who had asked to set aside the NHK-Fintiv rule, which allows PTAB to consider various factors when determining whether to institute review of a patent that is asserted in ongoing litigation.

Advertisement The Current State of Precedential Opinions and Denials of Institution at the USPTO Patent Trial and Appeal Board: Part 1 Wednesday, May 5, 2021 This article is the first of three that will discuss the USPTO Patent Trial and Appeal Board (“Board”)’s use of Precedential Opinions as guidance when exercising discretion whether to institute petitions for post-grant proceedings,  inter partes reviews (IPRs) and post-grant reviews (PGRs). In particular, this article add...

New Challenge to IPR Discretionary Denials in View of Parallel Patent Litigation On August 31, 2020, four leading tech companies filed a declaratory action against Andrei Iancu, the Director of the U.S. Patent and Trademark Office (“USPTO”), challenging the USPTO’s discretionary authority under 35 U.S.C. § 314(a) to deny inter partes review (“IPR”) petitions in view of parallel patent litigation. Apple, Inc. v. Iancu, Case No. 5:20-CV-06128-EJD, Dkt. 1 (N.D. Cal. Aug. 31, 2020). Ju...

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