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PTO Codifies Scope of Director Review in Final Rule

PTO Codifies Scope of Director Review in Final Rule

by Matthew Johnson | Oct 17, 2024 | PTAB News

By Evan Tassis and Matt Johnson – On September 30, 2024, the USPTO issued a final rule governing the process for Director Review of proceedings under the AIA.  This formalized the USPTO’s interim Director Review procedures implemented by the USPTO following the...
PTO Promotes Judicial Independence in Final PTAB Rule

PTO Promotes Judicial Independence in Final PTAB Rule

by Matthew Johnson | Oct 4, 2024 | PTAB News

By Lauren Kim and Matt Johnson – On June 12, 2024, the USPTO issued a final rule governing the pre-issuance circulation and review of decisions within the PTAB. This formalized current USPTO procedures within the Standard Operating Procedure (SOP4) adopted on...
Director Vacates Decision Based on Improper Claim Construction

Director Vacates Decision Based on Improper Claim Construction

by Matthew Johnson | Oct 3, 2024 | Claim Construction, PTAB News, Trial Institution

By Hannah Mehrle and Matt Johnson – The PTAB denied institution of inter partes review reasoning that Petitioner did not demonstrate a reasonable likelihood that Petitioner would prevail in establishing the unpatentability of any of the challenged claims.  The...
Lack of Injury In Fact Scuttles Appeal

Lack of Injury In Fact Scuttles Appeal

by Matthew Johnson | Sep 25, 2024 | Federal Circuit Appeal, PTAB News, Standing

By Lexi Heon, Lisamarie LoGiudice, and Matt Johnson – The Federal Circuit dismissed Platinum Optics Technology Inc.’s (PTOT) appeal from an IPR decision, finding the challenged claims of Viavi’s U.S. Patent No. 9,354,369 not unpatentable, because PTOT failed to...
Secondary Considerations Arguments Precluded By Prior Nexus Testimony

Secondary Considerations Arguments Precluded By Prior Nexus Testimony

by Matthew Johnson | Sep 20, 2024 | Estoppel, Evidentiary Issues, Final Written Decisions, PTAB News

By Fabian Bramwell,* Daniel Sloan, Jen Bachorik, and Matt Johnson – On June 6, 2024, the PTAB issued a Final Written Decision concluding claims 1-6 of U.S. Patent No. 8,899,655 B1 (“the ’655 patent”) unpatentable.  Yita LLC v. MacNeil IP LLC, IPR2023-00172,...
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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.