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PTAB Permits Extra Briefing to Evaluate Request for Rehearing

PTAB Permits Extra Briefing to Evaluate Request for Rehearing

By Levent Herguner and Matt Johnson - In a recent decision, the PTAB admitted that it erred in its prior determination of unpatentability, and authorized supplemental briefing on the patentability of substitute claims.  See Rimfrost AS v. Aker Biomarine Antarctic AS,...

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Federal Circuit Reluctantly Applies Arthrex Decision

Federal Circuit Reluctantly Applies Arthrex Decision

By Mike Lavine and Matt Johnson - On January 31, 2020, the Federal Circuit vacated and remanded a Patent Trial and Appeal Board (“PTAB”) final written decision in view of Arthrex, but did so reluctantly because it disagreed with the merits and questioned the remedy of...

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PTAB Statistics Through Q1 2020

PTAB Statistics Through Q1 2020

By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through December 31, 2019) stands at 55% compared to 63% in the previous fiscal year.  While a small sample size (138 instituted, 113 denied), this is a number that we...

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