PTAB Tracker

Use our PTAB Precedential Decisions tracker for up-to-date info on the latest decisions by the PTAB.

All PTAB precedential and informative decisions organized by subject matter are presented in the expandable table below. Archived decisions include those decisions that are not pertinent to or less pertinent to current PTAB practice. Links to alphabetical lists of the precedential and informative decisions are available at the bottom of this page.

Date Issued
Date Designated
Issue Addressed
Decision Name / Case # Type Issued Designated Issue Addressed Summary
Facebook, Inc. v. Skky, LLC, Case CBM2016-00091, Paper 12 Precedential 09/28/2017 12/21/2017 Covered business method review eligibility, AIA § 18 Pre-institution Statutory Disclaimer: AIA § 18 does not permit institution of a covered business method (CBM) review of a patent based on claims disclaimed under 35 U.S.C. § 253(a) prior to institution... Read More
Becton, Dickinson & Co. v. B. Braun Melsungen AG (§ III.C.5, First Paragraph), Case IPR2017-01586, Paper 8 Precedential 12/15/2017 08/02/2019 Multiple proceedings, 35 U.S.C. § 325(d) Discretionary denial: articulates six factors the Board should address when considering whether to exercise discretion to deny institution under AIA § 325(d)... Read More
Valve Corp. v. Elec. Scripting Prods., Inc., Case IPR2019-00064, -00065, -00085, Paper 10 (“Valve II”) Precedential 05/01/2019 08/02/2019 Institution, 35 U.S.C. § 314(a) Joinder/AIA § 314(A) Discretion – General Plastic factor 1 applies to a joined petitioner... Read More, Inc. v. Uniloc Luxembourg S.A., Case IPR2017-00948, Paper 34 Precedential 01/18/2019 03/18/2019 Motions to amend, 35 U.S.C. § 316(d) Motion to Amend: AIA § 316(D) permits substitute claims presented in a motion to amend to be found invalid based on any ground of invalidity, not just §§ 102 & 103... Read More
Ventex Co., Ltd., v. Columbia Sportswear N. Am., Inc., Case IPR2017-00651, Paper 152 Precedential 01/24/2021 04/16/2019 Bar due to patent owner’s action, 35 U.S.C. § 315(b) RPI/One-Year Time Bar: AIA §§ 312(A)(2), 315(B), proceeding terminated where petition failed to name a time-barred RPI/privy... Read More
GoPro, Inc. v. 360Heros, Inc., Case IPR2018-01754, Paper 38 Precedential 08/23/2019 08/23/2019 Bar due to patent owner’s action, 35 U.S.C. § 315(b) One-Year Time Bar: One-year time bar triggered after the service of a complaint, regardless of whether the serving party lacked standing to sue or the pleading was otherwise deficient... Read More
K-40 Electronics, LLC v. Escort, Inc., Case IPR2013-00203, Paper 34 Precedential 05/21/2014 03/18/2019 Oral argument, 37 C.F.R. § 42.70 Motion requesting live testimony: granted pursuant to 37 C.F.R. § 42.70... Read More
Oticon Medical AB et al. v. Cochlear Limited, Case IPR2019-00975, Paper 15 Precedential 10/16/2019 03/24/2020 Institution, 35 U.S.C. § 314(a),Multiple proceedings, 35 U.S.C. § 325(d) Discretionary denial: no denial under AIA § 325(d) where petition asserts new, noncumulative prior art; no denial under AIA § 314(a) where petition is timely filed, patent owner concedes parallel proceedings are not entirely duplicative, and patent owner fails to provide evidence of district court delays or a trial date... Read More
Cisco Systems, Inc. v. Chrimar Systems, Inc., Case IPR2018-01511, Paper 11 Precedential 01/31/2021 08/29/2019 Bar due to petitioner’s action, 35 U.S.C. § 315(a) AIA § 315(a)(1) – applying Click-to-Call to petitioner’s action and denying institution... Read More
Hulu, LLC v. Sound View Innovations, LLC, Case IPR2018-01039, Paper 29 Precedential 12/20/2019 12/20/2019 Inter partes review scope – 35 U.S.C. § 311(b) Requirements for printed publication: AIA § 311(b), for purposes of institution, a petitioner must show a reasonable likelihood that an asserted reference qualifies as a printed publication... Read More

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