by Joe Sauer | Jan 8, 2018 | PTAB News
By Joe Sauer and Dave Cochran In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity by filing actions against the petitioners in...
by Joe Sauer | Dec 22, 2017 | Prior Art Issues
By Rich Graham and Joe Sauer Section 103 does not, by its terms, define the “art to which [the] subject matter [sought to be patented] pertains,” but longstanding precedent couches this question of fact in terms of “whether the art is analogous or not.” See In re...
by Joe Sauer | Nov 7, 2017 | 325(d) issues, PTAB News, Trial Institution
by Seth M. Bostrom and Joseph M. Sauer The Patent Trial and Appeal Board (PTAB) recently designated as informative three cases involving discretionary denial of inter partes review under 35 U.S.C. § 325(d). We previously profiled the case of Hospira, Inc. v....
by Joe Sauer | Aug 24, 2017 | Federal Circuit, Trial Institution
By Joseph M. Sauer The Federal Circuit’s decision in Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., (Fed. Cir. No. 16-2321), expresses a growing discomfort with the Patent Office’s practice of joinder and expanded panels. Procedural History The procedural...
by Joe Sauer | Jun 5, 2017 | PTAB News
By Josh Sallmen and Joe Sauer Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment sovereign immunity applies to PTAB proceedings, the Board has again dismissed an IPR...
