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PTAB Denies IPR Petition for Failure to Construe Claims

PTAB Denies IPR Petition for Failure to Construe Claims

by Matthew Johnson | May 24, 2024 | Claim Construction, PTAB News

By Lauren Kim and Matt Johnson – The PTAB recently denied 10x Genomics, Inc.’s (Petitioner) IPR petition (IPR2023-01299) against President and Fellows of Harvard College (Patent Owner) challenging claims of U.S. Pat. No. 11,098,303. Patent Owner identified...
Institution Denied For Lack of Sufficient Structure

Institution Denied For Lack of Sufficient Structure

by Matthew Johnson | May 16, 2024 | Claim Construction, PTAB News, PTAB Trial Basics

By Hannah Mehrle and Matt Johnson –  The Board declined to institute inter partes review because Petitioner failed to identify adequate corresponding structure in the challenged patent that performed the function of claim limitation that was to be construed...
Institution Denial Vacated to Reconsider Prior Art Drawing

Institution Denial Vacated to Reconsider Prior Art Drawing

by Matthew Johnson | May 10, 2024 | Prior Art Issues, Request for Reconsideration

By Jen Bachorik and Matt Johnson – On April 5, 2024, Director Vidal vacated and remanded the Patent Trial and Appeal Board’s (PTAB’s) denial of institution of inter partes review (IPR) where the Petitioner relied on a drawing in a prior art patent document to...
USPTO Issues Notice of Proposed Rulemaking On Discretionary Denial, Serial and Parallel Petitions, and Settlement

USPTO Issues Notice of Proposed Rulemaking On Discretionary Denial, Serial and Parallel Petitions, and Settlement

by Matthew Johnson | May 2, 2024 | PTAB News, PTAB Trial Basics, Trial Institution

By Matthew Johnson, Carl Kukkonen, Evan C. Jones, and Daniel Sloan – On April 19, 2024, the USPTO issued a Notice of Proposed Rulemaking (the “Notice”) regarding discretionary denial in post-grant proceedings and other issues.  The Notice addresses stakeholder...
PTAB Announces Rules Formalizing Director Review

PTAB Announces Rules Formalizing Director Review

by Matthew Johnson | Apr 26, 2024 | PTAB News, PTAB Trial Basics, Request for Reconsideration

By: Lisa Furby, Marlee Hartenstein, Stephanie M. Mishaga and Robby Breetz – In 2021, following the Supreme Court’s Arthrex decision, the PTO issued an interim procedure for requesting Director Review (discussed here).  The PTO has now issued a Notice of Proposed...
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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.