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Filing Date Motion Granted Due To COVID-19

Filing Date Motion Granted Due To COVID-19

By Hannah Mehrle* and Matt Johnson - NeuMoDx Molecular, Inc., (Petitioner) who was otherwise barred from pursuing two IPR proceedings regarding patents owned by HandyLab, Inc. (Patent Owner) under 35 U.S.C. § 315(b)’s one year deadline, filed a Motion to Change the...

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PTAB Allows Input on POP Review Requests Using Online Form

PTAB Allows Input on POP Review Requests Using Online Form

By Matt Johnson - The PTAB has added an online form to the USPTO website that allows the submission of an amicus request addressing a pending request for Precedential Opinion Panel (POP) review.  This form will enable interested parties to provide fast input on...

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PO Collaterally Estopped From Asserting Related Patents

PO Collaterally Estopped From Asserting Related Patents

By Carl Kukkonen - A recent case in the Northern District of Illinois addressed the issue of collateral estoppel in connection with patents that were similar to those previously cancelled by the PTAB:  In Think Prods., Inc. v. Acco Brands Corp., No. 1:18-cv-07506, ECF...

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PTAB Issues Guidance With Regard to AAPA

PTAB Issues Guidance With Regard to AAPA

By Carl Kukkonen - On August 18, 2020, the USPTO issued guidance regarding the reliance on Applicant Admitted prior art (AAPA).  Under 35 U.S.C. § 311(b), IPRs may be instituted only "on the basis of prior art consisting of patents or printed publications."  The...

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