by Matthew Johnson | Oct 6, 2023 | PTAB Trial Basics
By RJ Shea and Matt Johnson – The Patent Trial and Appeal Board (“PTAB”) recently published a revised PTAB Oral Hearing Guide (August 2023) updating prior guidance on hearings. The revised Guide includes changes to: 1. Remote participation in PTAB Proceedings;...
by Matthew Johnson | Oct 4, 2023 | PTAB News, PTAB Trial Basics, Time Limits
By Tova Werblowsky* and Matt Johnson – Institution of an IPR is automatically barred if the “petition requesting the proceeding is filed more than 1 year after the date on which the petitioner…is served with the complaint alleging infringement of the patent.” 35...
by Matthew Johnson | Sep 13, 2023 | Prior Art Issues, PTAB News, Trial Institution
By Evan Tassis and Matt Johnson – The PTAB recently denied institution of inter partes review of a patent directed to determining the pitch of roofs after finding that Petitioner failed to directly challenge the sufficiency of Patent Owner’s priority assertions...
by Matthew Johnson | Sep 11, 2023 | 325(d) issues, PTAB News, Trial Institution
By Matt Johnson and Jack Graves— The PTAB recently declined to apply Section 325(d) and instituted inter partes review after a patent owner unsuccessfully argued that the petition relied on substantially the same prior art as that which the Office had previously...
by Matthew Johnson | Sep 7, 2023 | Federal Circuit Appeal, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – Effective July 24, 2023, the Patent Office updated its procedures for Interim Director Review (“DR”) of PTAB decisions. The updated procedures include the following key provisions: Expanding the process to permit parties to...