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Claim Construction Dispositive In Patentability Determination

Claim Construction Dispositive In Patentability Determination

by Matthew Johnson | Mar 29, 2024 | Claim Construction, Final Written Decisions, PTAB News, PTAB Trial Basics

By Sue Gerber and Matt Johnson – It goes without saying that claim construction is an important issue, but the PTAB’s recent decision in Netflix, Inc. v. DIVX, LLC, IPR2020-00558, Paper 66 (PTAB Feb. 22, 2024), shows not only that reasonable minds can differ...
PTAB Proposes Permanent MTA Pilot Program Rules

PTAB Proposes Permanent MTA Pilot Program Rules

by Matthew Johnson | Mar 22, 2024 | Amendment Practice, PTAB News

By Christian Roberts, and Daniel Sloan, and Matt Johnson – On March 4, 2024, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) issued a Notice of Proposed Rulemaking (“NPR”) regarding Motion To Amend (“MTA”)...
When Might a PTAB Rehearing Be Granted?

When Might a PTAB Rehearing Be Granted?

by Matthew Johnson | Feb 21, 2024 | PTAB News, Request for Reconsideration

By Sabrina Bellantoni and Matt Johnson – Recently, the Patent Trial and Appeals Board (“PTAB”) granted a request for rehearing of a decision that denied an institution of inter partes review and then instituted a trial on all the challenged claims on all the...
Federal Circuit Affirms Claim Construction and How It Applies

Federal Circuit Affirms Claim Construction and How It Applies

by Matthew Johnson | Feb 8, 2024 | Claim Construction, Federal Circuit, PTAB News

By Luke Cipolla, Matt Silveira, and Matt Johnson – In Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc., the Federal Circuit recently affirmed two PTAB decisions in IPRs filed by Pacific Biosciences of California, Inc. (PacBio) that...
Conception and Reduction to Practice Dates Matter

Conception and Reduction to Practice Dates Matter

by Matthew Johnson | Jan 2, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics

By Sabrina Bellantoni and Matt Johnson – In a recent decision, the Patent Trial and Appeals Board found that the disputed claims regarding transferring digital content were not unpatentable under 35 U.S.C. § 103(a) after determining that the prior art cited by...
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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.