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PTAB Allows Supplemental Information Request To Fly

PTAB Allows Supplemental Information Request To Fly

by Joe Sauer | Apr 13, 2022 | Motions Practice, PTAB News

By Kevin Yang and Joe Sauer – Once the PTAB institutes an IPR, the parties may only add supplemental information to the record by requesting authorization to file a motion to submit the information. See 37 C.F.R. § 42.123 (2022). If authorization is not...
PTAB Denies IPR Institutions Without Patent Owner Rebuttal Evidence

PTAB Denies IPR Institutions Without Patent Owner Rebuttal Evidence

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,...
Government to Request Arthrex Rehearing; Rush for Remands Slowed

Government to Request Arthrex Rehearing; Rush for Remands Slowed

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...
Seeing Multiple: Observations from Petitioner Filing Strategies Following SAS

Seeing Multiple: Observations from Petitioner Filing Strategies Following SAS

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...
PTAB Bar Association Hosts Inaugural Thought Leader Summit

PTAB Bar Association Hosts Inaugural Thought Leader Summit

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...
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