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Federal Circuit Clarifies Independent Conception Standard for AIA Derivation

Federal Circuit Clarifies Independent Conception Standard for AIA Derivation

by Matthew Johnson | Sep 24, 2025 | PTAB News, PTAB Trial Basics

By Kate Meng and Sarah Geers – More than a decade after the enactment of the America Invents Act (AIA), the Federal Circuit has issued its first opinion addressing an AIA derivation proceeding. In Global Health Solutions LLC v. Selner, the court clarified that...
Post-filing Activity May Create Privity Leading To Section 315(b) Dismissal

Post-filing Activity May Create Privity Leading To Section 315(b) Dismissal

by Matthew Johnson | Sep 16, 2025 | PTAB News, PTAB Trial Basics, Real Party in Interest, Trial Institution

By Sue Gerber and Matt Johnson – Under Section 315(b), an IPR may be dismissed as time barred “if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is...
Skechers IPR Still Kicking After Director Review

Skechers IPR Still Kicking After Director Review

by Matthew Johnson | Sep 11, 2025 | PTAB News, Trial Institution

By Adam Cook and Matt Johnson – In a Director Review, the Acting Director reversed a panel decision to discretionarily deny an IPR under § 325(d).  The Acting Director held that the PTAB’s own findings in two previous IPRs sufficiently proved Examiner error...
Navigating the New Discretionary Denial Bifurcated Framework

Navigating the New Discretionary Denial Bifurcated Framework

by Matthew Johnson | Sep 10, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Pranita Dhungana and Matt Johnson – The USPTO recently published a new webpage on the Interim Director Discretionary Process, which provides information regarding the bifurcated process for consideration of discretionary denial issues announced in the March...
All Grounds Must Be Addressed in Final Written Decision

All Grounds Must Be Addressed in Final Written Decision

by Matthew Johnson | Sep 5, 2025 | Federal Circuit Appeal, Final Written Decisions, PTAB News

By: Daniel C. Sloan and Matt Johnson – On July 29, 2025, Chief Administrative Patent Judge Scott R. Boalick circulated a memorandum to Members of the PTAB entitled “Final Written Decision Procedures for AIA Trial Proceedings.”  Absent extraordinary...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.