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Delegated Rehearing Panel Sends Lifeline to Mercedes-Benz

Delegated Rehearing Panel Sends Lifeline to Mercedes-Benz

by Matthew Johnson | Jun 27, 2025 | Final Written Decisions, PTAB News, Request for Reconsideration

By Ned LaDuca,* Matt Modderman, Matt Johnson – A Delegated Rehearing Panel (“DRP”) recently modified the PTAB’s construction of the claim term “workload” and remanded, giving Mercedes-Benz USA, LLC (“Petitioner”) another opportunity to challenge a processor...
PTAB Clarifies Interim Workload Management Process

PTAB Clarifies Interim Workload Management Process

by Matthew Johnson | Jun 19, 2025 | PTAB News, Trial Institution

By Levent Herguner, Aeden Bempong,* and Matt Johnson – On April 17, 2025, following Acting Director Coke Morgan Stewart’s memorandum announcing a new interim process to manage the workload of all PTAB judges, the USPTO held a Boardside Chat outlining the new...
April 2025 Institution Rate Slips Below 45 Percent

April 2025 Institution Rate Slips Below 45 Percent

by Matthew Johnson | Jun 6, 2025 | PTAB News, PTAB Trial Basics, Trial Institution

By Matt Johnson – The PTAB has published its monthly statistics wrap up for April 2025.  As expected, those statistics show a significant decline in the institution rate compared to the first six months of the fiscal year.  In those first six months, the overall...
Acting Director Releases First Decisions Under New Bifurcated Process

Acting Director Releases First Decisions Under New Bifurcated Process

by Matthew Johnson | Jun 3, 2025 | PTAB News, Time Limits, Trial Institution

By Daniel C. Sloan and Matt Johnson – On May 16, 2025, USPTO Acting Director Coke Morgan Stewart released the first four discretionary denial decisions under the PTAB’s new process.  Under the new process, the parties separately brief discretionary denial issues...
Director Review:  PTAB Instructed to Allow Narrowly Tailored Discovery Regarding Time Bar

Director Review: PTAB Instructed to Allow Narrowly Tailored Discovery Regarding Time Bar

by Matthew Johnson | May 23, 2025 | Discovery, PTAB News, PTAB Trial Basics, Time Limits

By Daniel Sloan and Matt Johnson – USPTO Acting Director Coke Morgan Stewart recently vacated and remanded three Final Written Decisions from the PTAB.  Semiconductor Components Indus. v. Greenthread, LLC, IPR2023-01242, IPR2023-01243, IPR2023-01244, Paper 94...
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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.