No Shenanigans: IPRs and Interference Estoppel
Jacob R. Rosenbaum & Alistair J. McIntyre
Before Prost, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board (PTAB).
Summary: Interference estoppel does not apply when the interference was terminated due to a threshold issue.
An Eye Toward Prosecution History
Jacob R. Rosenbaum & Matthew Friedrichs
EYE THERAPIES, LLC v. SLAYBACK PHARMA LLC
Before Taranto, Stoll and Scarsi (sitting by designation).
Summary: The patent’s prosecution history required a restrictive interpretation of the term “consisting essentially of.”
Webinar: Dodging Denial: Winning Strategies for PTAB Petitions Post-Fintiv
Knobbe Martens partners Christy Lea and Ted Cannon hosted a webinar on strategies for petitioners in the evolving PTAB landscape.
Christy and Ted discussed how the USPTO’s March 2024 guidance and recent Director decisions are shaping PTAB petition outcomes, with a focus on discretionary denials. They provided insights on trial dates, Sotera stipulations, and court investment, and shared tactical approaches to improve the chances of institution. The session also highlighted real-world examples and offered guidance on how companies can adapt their filing and litigation strategies to stay ahead of the curve.
Ted Cannon Examines Increased PTAB Petition Denials in Bloomberg Law
In the Bloomberg Law article “Growing Denials of PTAB Petitions Demand Sharp Patent Strategies”, Knobbe Martens partner Ted Cannon explored the increase in denials of Patent Trial and Appeal Board (PTAB) petitions following the USPTO’s March 24 guidance on applying the Fintiv precedent. This shift has made it easier for administrative judges to reject patent validity challenges when parallel district court litigation is underway.
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