By Rebecca Ding and Camille Sauer So, what’s happening at the PTAB? Obviousness of numerical ranges, preambles as limitations, evolving factors in discretionary denial, and more! Not every number in between is obvious. Air Products and Chemicals, Inc. v. Evonik Operations GmbH, IPR2024-00611, Paper 44 (August 18, 2025) (Kokoski, joined by Ross and Finamore) (Board…
Banner Witcoff’s Kirk Sigmon was recently featured in WIRED’s article, AI Slop Is Ripping Off One of Summer’s Best Games. Copycats Are Proving Hard to Kill, offering industry insights on the legal complexities surrounding intellectual property (IP) in gaming. Kirk says that AI tools can accelerate the creation of game content, but they can also…
By Craig Kronenthal and Jingcheng Shi So, what’s happening at the PTAB? Allowing discovery on privity, denial when patent is dismissed from litigation, incorporation by reference, and more! A question for the Board to discover: privity? Cirrus Logic, Inc. et al v. Greenthread LLC, IPR 2024-00001 and 2024-00016, Paper 89 (July 23, 2025) (Stewart, Acting…
By Craig Kronenthal and Dawson Imhoff So, what’s happening at the PTAB? Settled expectations, the effects of ITC Investigations, additional discovery, and more! Just old enough. With age comes wisdom and stronger settled expectations. Cambridge Industries USA, Inc. v. Applied Optoelectronics, Inc., IPR2025-00435, Paper 11 (June 27, 2025) (Acting Director Stewart) (granting discretionary denial because…
By Zach Getzelman and Chloe Johnson So, what’s happening at the PTAB? Banner Witcoff attorney Zach Getzelman and summer associate Chloe Johnson examine the recent decisions in post-issuance proceedings, including: discretionary denial despite different parties, allegations of unfair dealings, stipulations to obtain institution, and more! A family divided is still a family. Intel Corp. et…
By Shawn Buchanan and Leon Cao So, what’s happening at the PTAB? Director Review regarding reliance on previously cited art, collateral estoppel, successful use of secondary considerations, and more! Death by a thousand cites. Ecto World, LLC v. RAI Strategic Holdings, Inc., IPR2024-01280, Paper 13 (May 19, 2025) (Director Stewart) (The Director granted review, vacated…
By Jake Earl and Jacob Hinish So, what’s happening at the PTAB? Claim construction even when the parties agree it is not necessary, overly general citations, design choice, and more! Parties agree no claim construction is necessary; Board says not so fast. PLR Worldwide Sales Limited v. Flip Phone Games, Inc., IPR2024-00132, Paper 29 (April…
By Jordan Bodner and Paul M. Rivard So, what’s happening at the PTAB? A new process for considering discretionary denial, using expert declaration to shine a new light on old reference, considering whether prior art is analogous, and more! Fintiv Framework Applied to Already-Invalidated Claims. Hulu, LLC v. Piranha Media Distribution, LLC, IPR2024-01252, Paper 27…
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