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September 29, 2020
|1 min read
Overcoming the fact that there was parallel litigation in the Western District of Texas, plaintiff Sand secured institution of an inter partes review (IPR) by stipulating in the Patent Trial and Appeal Board (PTAB) proceedings that Sand would not pursue the same invalidity grounds in the case before Judge Albright.
Client Alert
USPTO Plunges PTAB’s Fintiv Discretion Analysis Into Uncertainty
March 12, 2025
In the Media
Winston Attorneys Discuss Industry Trends on BCLT’s Expert Series Podcast
October 28, 2021
Client Alert
Federal Circuit Has Jurisdiction To Review Mandamus Challenges to Decisions Denying Institution of IPR Proceedings—But Is Unlikely To Grant
March 15, 2021
Blog
Stipulation to not pursue in a parallel proceeding the same grounds or any grounds that could have been reasonably raised in an IPR weighs strongly in favor of institution
December 31, 2020
Blog
PTAB allows online nominations of “precedential” and/or “informative” opinions
October 2, 2020
Client Alert
Burden Never Shifts to Patent Owner After Institution of IPR Proceedings
August 27, 2020
Client Alert
Indefinite Claims With Definite Alternative Forms Can Be Reviewed for Patentability in IPR Proceedings
May 15, 2020
Client Alert
Mere Possibility That Prior Art Taught Specific Functionality Is Insufficient to Demonstrate Inherency
March 9, 2020
Client Alert
The PTAB’s Retroactive Application of IPR Proceedings to Pre-AIA Patents Is Not an Unconstitutional Taking Under the Fifth Amendment
July 31, 2019
Client Alert
Email Distribution of a Reference to a Listserv May Be Sufficient to Show Public-Accessibility Under 35 U.S.C. 102(b)
July 15, 2019
Client Alert
Petitioner’s Injuries Too Speculative to Give Standing to Appeal PTAB Decision
July 11, 2019
Client Alert
PTAB Did Not Violate APA by Issuing New Claim Construction in Final Written Decision
July 11, 2019





