by Matthew Johnson | Jan 19, 2022 | Trial Institution
By Sue Gerber and Matt Johnson – This blog has previously discussed PTAB’s exercise of discretion under Section 325(d). Sometimes the PTAB has invoked Section 325(d) to deny institution; sometimes it has declined to apply Section 325(d) and instituted inter...
by Matthew Johnson | Jan 14, 2022 | PTAB News
By Matt Johnson – The institution rate for post-grant petitions in FY 2022 through the end of November 2021 (Oct. 1, 2021 through Nov. 30, 2021) stands at 66% (138 instituted, 71 denied) compared to 59% in the previous fiscal year. The Patent Office notes that on a...
by Matthew Johnson | Jan 11, 2022 | PTAB Trial Basics
By Hannah Mehrle and Matt Johnson – Biofrontera AG (“Petitioner”) filed an unopposed motion to dismiss the petition during the preliminary phase of the proceedings. Here, DUSA Pharmaceuticals, Inc. (“Patent Owner”) had not yet filed a Preliminary Response, and...
by Matthew Johnson | Dec 30, 2021 | PTAB Trial Basics
By Sachin Patel and Matt Johnson – A recent PTAB decision in Sattler Tech Corp. v. Lyu represents an important reminder to carefully review the procedural and substantive requirements for filing a petition for an AIA trial, especially when dealing with...
by Matthew Johnson | Dec 10, 2021 | Prior Art Issues
By David Linden* and Matt Johnson – On November 30, the PTAB entered its final written decision in Unified Patents, LLC v. 2BCom, LLC on the patentability of the claims of U.S. Patent No. 7,127,210 (the ‘210 patent). The claims in question were directed to a...
