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Failure to Challenge Patent Owner’s Assertions Proves Detrimental

Failure to Challenge Patent Owner’s Assertions Proves Detrimental

by Matthew Johnson | Sep 13, 2023 | Prior Art Issues, PTAB News, Trial Institution

By Evan Tassis and Matt Johnson – The PTAB recently denied institution of inter partes review of a patent directed to determining the pitch of roofs after finding that Petitioner failed to directly challenge the sufficiency of Patent Owner’s priority assertions...
Common Inventorship And Technology Insufficient For 325(d) Denial

Common Inventorship And Technology Insufficient For 325(d) Denial

by Matthew Johnson | Sep 11, 2023 | 325(d) issues, PTAB News, Trial Institution

By Matt Johnson and Jack Graves— The PTAB recently declined to apply Section 325(d) and instituted inter partes review after a patent owner unsuccessfully argued that the petition relied on substantially the same prior art as that which the Office had previously...
PTAB Updates Procedures For Interim Director Review

PTAB Updates Procedures For Interim Director Review

by Matthew Johnson | Sep 7, 2023 | Federal Circuit Appeal, PTAB News, PTAB Trial Basics

By Sue Gerber and Matt Johnson – Effective July 24, 2023, the Patent Office updated its procedures for Interim Director Review (“DR”) of PTAB decisions.  The updated procedures include the following key provisions: Expanding the process to permit parties to...
Petitioner Faulted For Not Preemptively Addressing Fintiv

Petitioner Faulted For Not Preemptively Addressing Fintiv

by Matthew Johnson | Aug 30, 2023 | PTAB News, Trial Institution

By RJ Shea and Matt Johnson – On July 17, 2023, the Patent Trial and Appeals Board (“PTAB”) exercised its discretion under 35 U.S.C. § 314(a) to deny institution of an inter partes review petition based on the stature of a related U.S. District Court of Delaware...
Explanations, Not Bare Citations, Needed To Establish Prior Art Date

Explanations, Not Bare Citations, Needed To Establish Prior Art Date

by Matthew Johnson | Aug 24, 2023 | Prior Art Issues, PTAB News, PTAB Trial Basics

By Ernie Oleksy,* Robby Breetz, and Matt Johnson – Although provisional applications can be used to secure an earlier date for 102(e), the petitioner bears the burden of production in establishing a prior art date for the asserted prior art. The Patent Trial and...
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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.