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...
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...
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...
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...
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...
