by Joe Sauer | Nov 15, 2021 | Evidentiary Issues, Final Written Decisions, Trial Institution
By Stephanie Mishaga, Joseph Sauer, and Evan McLean – It is no secret that the Patent Trial and Appeal Board (PTAB) often leverages its discretionary denial powers to deny inter parties review (IPR) petitions. The PTAB has discretionarily denied IPR petitions,...
by Joe Sauer | Nov 20, 2019 | Federal Circuit Appeal, PTAB News
By Robby Breetz and Joe Sauer On October 31, 2019 a panel of Federal Circuit Judges issued the Arthrex Inc. v. Smith and Nephew, Inc. opinion finding the appointment of PTAB judges unconstitutional by violating the Appointments Clause. The panel’s remedy in that case...
by Joe Sauer | Apr 5, 2019 | Trial Institution
By Kerry Barrett, David Anderson, and Joe Sauer In April 2018, the United States Supreme Court held that the PTAB must issue a final written decision addressing every patent claim challenged in an IPR petition. See SAS Inst., Inc. v. Iancu, 138 S. Ct. 1348 (2018). In...
by Joe Sauer | Nov 29, 2018 | Amendment Practice, Claim Construction, PTAB News
By Levent Herguner, Alex Li, and Joe Sauer On Tuesday, November 13th, the PTAB Bar Association held its inaugural Thought Leader Summit. The Summit featured two sessions on recent developments in the patent litigation field, as well as a keynote address from Acting...
by Joe Sauer | Oct 24, 2018 | PTAB News
By David Anderson and Joe Sauer As an update to the May 15, 2018 post, available here, some post-SAS trends appear to be taking shape. For the five-month period from May 2018 through September 2018, the PTAB issued 538 institution decisions. Of these, the PTAB...
