• MPL Brands NV, Inc. v. Buzzballz, LLCInstitution denied
  PTAB · Dec 18, 2024 · IPR2024-01000 · APJ Cynthia M Hardman · IPR · Institution

  The Board denied institution because the IPR petition was premature while the patent remained within its nine-month post-grant review window and the parallel PGR was instituted.

  RulingsInstitution decision

  • PTAB / AIA Trials › §315(b) time barInstitution denied time barDenied

    “For AIA patents like the ’441 patent, a petition for inter partes review “shall be filed after the later of either (1) the date that is 9 months after the grant of a patent; or (2) if a post-grant review is instituted . . . , the date of the termination of such post-grant review.” 35 U.S.C. § 311(c); see also 37 C.F.R. § 42.102(a). Here, the ’441 patent issued on March 19, 2024 (see Ex. 1001, code (45)), and PGR2024-00035 is instituted. Petitioner filed the instant Petition on June 7, 2024. As such, the instant Petition is premature because it was filed within nine months of the grant of the ’441 patent and before termination of PGR2024-00035. For this reason, we deny institution of this inter partes review.” slip op. at 3

  • PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)Institution denied

    “For AIA patents like the ’441 patent, a petition for inter partes review “shall be filed after the later of either (1) the date that is 9 months after the grant of a patent; or (2) if a post-grant review is instituted . . . , the date of the termination of such post-grant review.” 35 U.S.C. § 311(c); see also 37 C.F.R. § 42.102(a). Here, the ’441 patent issued on March 19, 2024 (see Ex. 1001, code (45)), and PGR2024-00035 is instituted. Petitioner filed the instant Petition on June 7, 2024. As such, the instant Petition is premature because it was filed within nine months of the grant of the ’441 patent and before termination of PGR2024-00035. For this reason, we deny institution of this inter partes review.” slip op. at 3

  Discretionary denial
  Patents in suitUS 11,932,441
• Apple Inc. v. Alivecor, Inc.Institution denied
  PTAB · Nov 15, 2022 · IPR2022-01173 · APJ Jeffrey N Fredman · IPR · Institution

  The Board denied institution because AliveCor disclaimed all challenged claims, claims 1–13.

  RulingsInstitution decision

  • Adverse judgmentAdverse judgmentDenied

    “37 C.F.R. § 1.321(a); see also Vectra, 162 F.3d at 1382 (holding that a § 253 disclaimer is immediately “recorded” on the date that the Office receives a disclaimer meeting requirements of 37 C.F.R. § 1.321(a) and that no further action is required in the Office). “No inter partes review will be instituted based on disclaimed claims.” 37 C.F.R. § 42.107(e); see also General Electric Co. v. United Techs. Corp., IPR2017-00491, Paper 9 at 3 (PTAB July 6, 2017) (precedential). is, the USPTO Patent Application Information Retrieval (PAIR) database containing the image file wrappers and other information for the ’175 patent), we conclude that a disclaimer of claims 1–13 of the ’175 patent under 35 U.S.C. § 253(a) has been recorded in the Office as of October 11, 2022. Exhibit 2001, a copy of the filed disclaimer, is signed by Patent Owner’s attorney of record, Abhijit P. Adisesh. Ex. 2001, 1. Exhibit 2001 also identifies the ’175 patent; identifies that all of the claims at issue in the petitions (claims 1–13) are disclaimed; and states that AliveCor, Inc. is the owner of 100% of the instant patent by virtue of an assignment recorded at Reel 049503 and Frame 0327. Id. The image file wrapper in PAIR for the ’175 patent includes a fee worksheet and receipt for the requisite fee filed with the disclaimer on October 11, 2022. Because Patent Owner filed a statutory disclaimer in compliance with 35 U.S.C. § 253(a) and 37 C.F.R. § 1.321(a) disclaiming all the claims of the ’175 patent, no inter partes review is instituted in this proceeding.” slip op. at 3

  Discretionary denial
  Patents in suitUS 11,103,175

Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.