PODCAST – Appointments of PTAB Judges Ruled Unconstitutional – Now What
In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit has held that appointments of Administrative Patent Judges of the PTAB were in violation of the Appointments Clause of the U.S. Constitution. Jones Day's Matt Johnson and Dave Cochran discuss the...
PTAB Webinar Addresses Motion To Amend Practice
By Sue Gerber and Matt Johnson On December 4, 2019, the PTAB hosted the last installment for 2019 in its “Boardside Chat” webinar series. The program, presented by Deputy Chief Judge Jacqueline Bonilla and Lead Administrative Patent Judge Jessica Kaiser, addressed...
POP: Can PTAB Raise Ground of Unpatentability In Addressing Motion to Amend?
By Alex Li and Matt Johnson During an inter partes review (IPR), it is usually the Petitioner that raises grounds of unpatentability against a Motion to Amend that the Patent Owner must defend in front of the Patent Trial and Appeal Board (PTAB). Is the PTAB allowed...
Parties Seek To Preserve Arthrex Rights Despite Waiver Ruling
By Mike Lavine and Matt Johnson - Following on Judge Newman’s dissent in Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., parties are seeking to preserve their rights by challenging the Federal Circuit’s holding that a party’s failure to raise the...
PTAB Grants Rare Request For Live Witness Testimony In IPR
By John Marlott - While PTAB proceedings are ordinarily decided “on the papers,” in certain rare cases the Board will permit live witness testimony at the oral hearing. The Board’s precedential decision in K-40 v. Escort explains that “[t]he Board does not envision...