by Matthew Johnson | Jan 21, 2020 | Evidentiary Issues, Petitions, PTAB News
By Alex Li and Matt Johnson – A petition to institute an inter partes review (IPR) can only be filed on the basis of prior art consisting of patents and printed publications. But what makes a reference a “printed publication”? On December 20, 2019, the...
by Matthew Johnson | Jan 20, 2020 | Federal Circuit Appeal, PTAB News
By Nate Andrews and Emily Tait – January 17 Update: On January 17, each of the parties filed responses to the rehearing petitions, linked here: Government Response, Appellant Arthrex’s Response, Appellee Smith & Nephew’s Response As we have...
by Matthew Johnson | Jan 17, 2020 | PTAB News
By Nate Andrews, Jasper Tran, and Matt Johnson – The Federal Circuit and the patent world continue to grapple with the court’s decision in Arthrex v. Smith & Nephew. Since our last updates, the parties in Arthrex and other cases have continued the push for...
by Matthew Johnson | Jan 13, 2020 | PTAB Trial Basics
In November 2019, the United States Patent and Trademark Office published a second edition of the America Invents Act (AIA) Trial Practice Guide (Practice Guide) to incorporate the Practice Guide updates released in August 2018 and July 2019 into the original August...
by Matthew Johnson | Jan 3, 2020 | PTAB News
By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through November 31, 2019) stands at 50% compared to 63% in the previous fiscal year. While a small sample size (88 instituted, 88 denied), this is a number that...
