Page 9 - General Plastic News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Monday, April 5, 2021 The Patent Trial and Appeal Board (PTAB) is an administrative law body of the US Patent and Trademark Office (USTPO) that determines disputes over the issuance, reissuance, and cancellation of patent claims. The PTAB has become well known to patent litigants since the implementation in 2012 of new proceedings, including  Inter Partes Review (IPR), for challenging the patentability of issued patent claims. The Design and Use of IPRs IPRs were designed to be an alternative to litigation and are initiated with an IPR petition, which must be filed with the PTAB w...

See Metall Zug AG v. Carl Zeiss Meditec AG, IPR2020-01074, Paper 8 (P.T.A.B. Jan. 5, 2021).  In the earlier proceeding, the PTAB denied the petitioner's request to replace its filed petition with a 238 page "unabridged" petition because of the "unabridged" petition's "extraordinary length."  Nearly four months after that denial, the petitioner filed four follow-on petitions challenging the claims of the '330 Patent, including the petition in the IPR2020-01074 proceeding.  The PTAB explained that "[s]tanding alone, the sheer number of petitions (five), taken together with Petitioner's unexp...

To embed, copy and paste the code into your website or blog: The U.S. Patent and Trademark Office (Patent Office) designated new Patent Trial and Appeal Board (Board) precedents protecting patent owners from multiple inter partes review (IPR) challenges. The Board decisions included one that concerned the identification of a real party in interest (RPI) and when multiple petitions challenging the same patent are not permitted. In RPX Corp. v. Applications in Internet Time, LLC, 1 the Board held that the petitioner, RPX, was time-barred because its client Salesforce was an unnamed RPI that wa...

APPLICATION OF NHK/FINTIV ANALYSIS CONTINUES TO EVOLVE The Board’s application of its precedential NHK and Fintiv decisions to deny petitions based on parallel litigation continues to develop. The Board recently designated two decisions as precedential as to the sections that relate to application of the Fintiv factors: Sotera Wireless, Inc. v. Masimo Corp., IPR2020-01019, Paper 12 (December 1, 2020) (precedential as to § II.A) — The Board held that a Petitioner’s broad stipulation not to pursue invalidity arguments in the parallel litigation that it raised, or reasonably could have...

To embed, copy and paste the code into your website or blog: The PTAB’s denial of Apple’s attempt to join Microsoft’s IPR suggests increased hurdles for copycat petitions. TAKEAWAYS Serial petitions will be heavily scrutinized and often denied using the General Plastic factors, even when the second petition seeks to join a previously instituted trial. The PTO is considering promulgating rules governing discretionary denials, and sought public comments for such rules, (85 Reg. 66502) which were due on Dec. 3, 2020, published The PTAB may use its discretion to deny “me-too” or “cop...