by Matthew Johnson | Nov 22, 2021 | Evidentiary Issues
By Paxton Lozano* and Matt Johnson – In an inter partes review (IPR), the scope of discovery is expressly stated in the C.F.R. and additional discovery must either be agreed upon by the parties or granted by the Board when it “is necessary in the interest of...
by Matthew Johnson | Nov 11, 2021 | Final Written Decisions, PTAB Trial Basics
By Evan Jones* and Matt Johnson – On October 26, 2021, Chief Administrative Patent Judge (“APJ”) Boalick lifted a May 1, 2020 stay issued by the PTAB pending the Supreme Court’s consideration of Arthrex in which 103 cases were placed in “administrative...
by Matthew Johnson | Nov 10, 2021 | Evidentiary Issues, Motions Practice
By Christian Roberts and Matt Johnson – Introducing evidence in a motion to file a reply to a patent owner’s preliminary response without the PTAB’s authorization may result in denial and expungement. A recent motion met such a fate in Ice Castles, LLC v....
by Matthew Johnson | Nov 9, 2021 | Motions Practice, PTAB Trial Basics
By Hannah Mehrle and Matt Johnson – Patent Owner (Provisur Technologies) requested authorization to file a motion to strike portions of Petitioner’s (Weber, Inc.) Reply and certain evidence submitted therewith, which Petitioner opposed. Patent Owner argued that...
by Matthew Johnson | Nov 8, 2021 | Other News, PTAB News
By Mike Lavine and Matt Johnson – On October 26, 2021, President Biden nominated Kathi Vidal – the managing partner of Winston and Strawn’s Silicon Valley office – as Director of the United States Patent and Trademark Office (USPTO). Ms. Vidal is considered to...
