by Matthew Johnson | Jan 23, 2025 | Federal Circuit, Prior Art Issues, PTAB News, PTAB Trial Basics
By Adam J. Cook and Michael Oblon – On appeal from an inter partes review (“IPR”), the Federal Circuit held that, under pre-America Invents Act (“pre-AIA”) law, a published patent application is prior art as of its filing date as opposed to its later date of...
by Matthew Johnson | Jan 22, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Pranita Dhungana and Matt Johnson – The Patent Trial and Appeal Board (“PTAB”) recently denied institution in an inter partes review (“IPR”) where Petitioner later filed a parallel petition against the same claims of the same patent. Shenzhen Root Tech....
by Matthew Johnson | Jan 9, 2025 | Prior Art Issues, PTAB News, PTAB Trial Basics
By Sue Gerber, Adriane Elinski, and Matt Johnson – When issued patent drawings are not explicitly made to scale, the Federal Circuit recently confirmed that arguments relying solely or predominately on the features of those drawings, such as line thickness, are...
by Matthew Johnson | Jan 7, 2025 | PTAB News
By: Adriane Elinski, Daniel Sloan, and Matt Johnson – Petitioners may soon need to check their account balances, as the United States Patent and Trademark Office (“USPTO”) is raising patent fees across the board, effective January 19, 2025. 89 Fed. Reg. 91898....
by Matthew Johnson | Dec 23, 2024 | Evidentiary Issues, PTAB News, PTAB Trial Basics
By Adam Cook and Matt Johnson – In a 2-1 decision, the Patent Trial and Appeal Board (“PTAB”) denied a patent owner’s motion to file two new declarations in connection with its sur-reply, holding that the patent owner failed to prove the extraordinary...
