August Boardside Chat Recap Regarding Trial Practice Guide Update
By Albert Liou On August 8, 2019, the Patent Trial Appeal Board held a Boardside Chat webinar to discuss the July 2019 changes to the AIA Trial Practice Guide. Vice Chief Administrative Judges Michael Tierney and Tim Fink led the discussion on the various changes...
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PTAB Designates Three Decisions On Discretion To Institute Review
The PTAB recently designated two decisions as precedential and one decision as informative on discretion to institute review. Becton, Dickinson and Company v. B. Braun Melsungen AG, Case IPR2017-01586 (PTAB Dec. 15, 2017) (Paper 8) – (precedential as to section...
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Reexamination Stayed Pending IPR
By Sue Gerber and Matt Johnson Reexamination can be stayed pending IPR proceedings for good cause shown. The PTAB recently found good cause for a stay had been established when the reexamination proceedings and IPR proceedings had only a single claim in common, but...
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PTAB Abused Discretion in Denying Request to File Motion for Additional Discovery
By Jen Bachorik and Matt Johnson In a recent appeal of two inter partes review (“IPR”) decisions from the Patent Trial and Appeal Board (“Board”), The Court of Appeals for the Federal Circuit (“CAFC”) held that the Board abused its discretion in denying VirnetX’s...
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Should § 101 Legislation Include An Extension Or Revamp Of The CBM Program?
By John Marlott Is the little-used CBM patent review program the key to passage of § 101 legislation? Congress is currently considering legislation to drastically alter the patent eligibility statute, 35 U.S.C. § 101. The unabashed intent of the proposed legislation...
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