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PTAB Requests Comments Regarding Discretionary Institution Issues

PTAB Requests Comments Regarding Discretionary Institution Issues

By Matt Johnson The Supreme Court has held the PTAB’s “decision to deny a petition is a matter committed to the Patent Office’s discretion,” and that there is “no mandate to institute review.” Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2140 (2016).  Since the...

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BREAKING: Arthrex Headed to the Supreme Court

BREAKING: Arthrex Headed to the Supreme Court

By Matt Johnson - On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit's Arthrex decision, consolidating those three cases for briefing and argument.  The questions to be presented are as follows: 1. Whether, for purposes of...

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Federal Circuit’s Applications in Internet Time Decision Applied

Federal Circuit’s Applications in Internet Time Decision Applied

By Matt Johnson - Throughout the Patent Trial and Appeal Board’s (“PTAB”) history, patent owners have tried to leverage a petitioner’s alleged failure to name all real parties-in-interest (“RPIs”) as a way to achieve denial of an inter partes review (“IPR”) petition...

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PTAB Reconsiders Unappealable § 315(b) Issue On Remand

PTAB Reconsiders Unappealable § 315(b) Issue On Remand

By Matt Johnson - Current PTAB-relevant case law dictates: 35 U.S.C. § 315(b) “unambiguously precludes the Director from instituting an IPR if the petition seeking institution is filed more than one year after the petitioner, real party in interest, or privy of the...

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