by Matthew Johnson | Nov 4, 2021 | Evidentiary Issues
By John Wright* and Matt Johnson – Rule 42.23(b) is clear, “A sur-reply may only respond to arguments raised in the corresponding reply and may not be accompanied by new evidence other than deposition transcripts of the cross-examination of any reply...
by Matthew Johnson | Oct 12, 2021 | PTAB News
By Matt Johnson – The institution rate for post-grant petitions in FY 2021 through the end of August 2021 (Oct. 1, 2020 through Aug. 31, 2021) stands at 58% (658 instituted, 471 denied) compared to 56% in the previous fiscal year. The Patent Office notes that on a...
by Matthew Johnson | Sep 20, 2021 | Amendment Practice
The United States Patent and Trademark Office (USPTO) announced plans for the Patent Trial and Appeal Board (PTAB) to extend the Motion to Amend (MTA) pilot program. This program provides additional options for a patent owner who files an MTA in a trial proceeding...
by Matthew Johnson | Aug 31, 2021 | Claim Construction, Petitions, PGR, PTAB News
By Sue Gerber and Matt Johnson – A patent is eligible for post-grant review (“PGR”) only if the patent is subject to the first-inventor-to-file provisions of the AIA. In Tricam Indus., Inc. v. Little Giant Ladder Sys., LLC, the PTAB explained that determining...
by Matthew Johnson | Aug 27, 2021 | PTAB News
The PTAB’s Standard Operating Procedure 2 permits the public to submit nominations for PTAB decisions that an individual believes should be designated as precedential or informative, or to suggest that a decision previously designated as precedential or informative...
