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Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation

Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation

by Matthew Johnson | Nov 21, 2024 | Claim Construction, Evidentiary Issues, Expert Witnesses

By Jack Graves and Matt Johnson – The PTAB recently excluded a portion of Duration Media LLC’s (Petitioner) reply declaration for containing improper new evidence in an inter partes review petition filed against Rich Media Club LLC (Patent Owner) challenging all...
Don’t Wait To Seek Discovery Or It May Be Too Late

Don’t Wait To Seek Discovery Or It May Be Too Late

by Matthew Johnson | Nov 18, 2024 | Discovery, Evidentiary Issues, Prior Art Issues, PTAB Trial Basics

By Sue Gerber and Matt Johnson – “The statutory provisions for inter partes reviews, post-grant reviews, and covered-business method patent reviews caution against overly broad discovery and provide the same considerations, including efficient administration of...
PTAB Denies Institution of Maize-Directed PGR

PTAB Denies Institution of Maize-Directed PGR

by Matthew Johnson | Nov 8, 2024 | PGR, PTAB News, Trial Institution

By Shane Padilla, Owen Carpenter, and Matt Johnson – On September 24, 2024, the PTAB denied institution of a post-grant review proceeding initiated by Inari Agriculture, Inc. (Petitioner) against Pioneer Hi-Bred International, Inc. (Patent Owner). The patent at...
Citing Issued Patent Instead of Pre-Grant Publication Almost Costs Petitioner

Citing Issued Patent Instead of Pre-Grant Publication Almost Costs Petitioner

by Matthew Johnson | Oct 30, 2024 | Prior Art Issues, PTAB News

By Sabrina Bellantoni and Matt Johnson – Recently, the Patent Trial and Appeals Board (“PTAB”) released a final written decision finding no challenged claims were unpatentable in Duration Media LLC v. Rich Media Club LLC, IPR2023-00953, Paper 74 (August 19,...
PTAB Rule Permits Solo Representation and Automatic Pro Hac Vice Admission

PTAB Rule Permits Solo Representation and Automatic Pro Hac Vice Admission

by Matthew Johnson | Oct 24, 2024 | PTAB News, PTAB Trial Basics

By Nicholas D’Andrea and Matt Johnson – On October 10, 2024, the USPTO issued a final rule allowing parties to proceed without backup counsel in AIA proceedings and implementing an automatic admission process for pro hac vice attorneys.  Full text of the...
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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.