Over the last few years, state and local governments have drastically increased their efforts to tax streaming services, including online video, music, and gaming services, especially.
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.
On October 26, 2021, the Patent Trial and Appeal Board (PTAB) granted Regeneron’s petition to institute an inter partes review (IPR) of Novartis’s patent U.S. Pat. No. 9,220,631 (“the.
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). Just two weeks later, several self-proclaimed Small Business Inventors, led by the non-profit US Inventor, moved to intervene seeking to enhance the Director’s discretionary authority. Dkt. 28. Soon after, US Inventor moved for a preliminary injunction to enjoin the USPTO from instituting