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It was a slow week for new patent filings at the Patent Trial and Appeal Board (PTAB) and above average week for district courts. This week saw only 15 new filings at the PTAB (one PGR and 14 inter partes reviews (IPRs)).
In 2023, Fintiv—the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise...
On March 13, 2023, the Federal Circuit, in Apple Inc. v. Vidal, determined that Apple has standing to challenge the United States Patent and Trademark Office's (USPTO) inter partes review (IPR) institution standards.
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent...
For institution decisions, Fintiv factors must be considered prior to assessment of compelling merits standard. Some analysis beyond reasonable likelihood standard is required in assessing compelling merits. Director review will likely continue to serve guidance role.