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JONES DAY TALKS®: Supreme Court Rules on Constitutionality of Administrative Patent Judges

JONES DAY TALKS®: Supreme Court Rules on Constitutionality of Administrative Patent Judges

by Matthew Johnson | Jul 21, 2021 | PTAB News

The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) were constitutional. Jones Day’s Matt...
Patent Need Not Be Valid To Be 102(e)(pre-AIA) Prior Art

Patent Need Not Be Valid To Be 102(e)(pre-AIA) Prior Art

by Matthew Johnson | Jul 14, 2021 | Prior Art Issues

By Sue Gerber and Matt Johnson – This blog has previously discussed the Federal Circuit’s decision in Becton, Dickinson and Co. v. Baxter Corp. Englewood, — F.3d —, No. 2020-1937, 2021 WL 2176796 (Fed. Cir. May 28, 2021).  See Telepharma Disconnect: ...
Boardside Chat Sheds Light On Arthrex Director Review Procedure

Boardside Chat Sheds Light On Arthrex Director Review Procedure

by Matthew Johnson | Jul 7, 2021 | PTAB News

By Marlee Hartenstein and Matt Johnson – In its July 1st Boardside Chat, the PTAB discussed the Supreme Court’s recent Arthrex decision and the interim procedure for Director review.  The panel included Drew Hirschfeld (Performing the functions and duties of the...
Sotera Stip Results in Institution Despite Co-Pending ITC Case

Sotera Stip Results in Institution Despite Co-Pending ITC Case

by Matthew Johnson | Jul 2, 2021 | Trial Institution

By Andrea Beathard and Matt Johnson – A Sotera-style stipulation has once again convinced the PTAB to not exercise its discretion to deny institution of inter partes review (“IPR”) under 35 U.S.C. § 314(a).  In Ocado Group PLC v. AutoStore Technology AS,...
PTAB Details Interim Procedure for Requesting Arthrex Director Review

PTAB Details Interim Procedure for Requesting Arthrex Director Review

by Matthew Johnson | Jun 30, 2021 | Federal Circuit Appeal, PTAB News

By Matt Johnson – On June 29th, the PTO issued an initial protocol for requesting Director review of a PTAB Final Written Decision according to the Supreme Court’s Arthrex decision.  This Arthrex protocol is similar to the current procedure for requesting...
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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.