by Matthew Johnson | May 7, 2021 | Final Written Decisions
By Andrea Beathard and Matt Johnson – Although the Federal Circuit had previously held that the PTAB may enter adverse judgment when a patent owner disclaims all claims challenged in an inter partes review (“IPR”) petition before an institution decision, in...
by Matthew Johnson | May 4, 2021 | Federal Circuit Appeal
By Alison Ibendahl and Albert Liou – An April 13, 2021 decision by the Federal Circuit denied a motion to vacate and remand PTAB decisions based on the Federal Circuit’s October 2019 decision in Arthrex v. Smith & Newman, Inc., et al., 941 F.3d 1320 (Fed....
by Matthew Johnson | Apr 20, 2021 | PTAB News
By Matt Johnson – The institution rate for post-grant challenges in current FY 2021 (Oct. 1, 2020 through Feb. 28, 2021) stands at 61% (305 instituted, 198 denied) compared to 56% in the previous fiscal year. This rate is more consistent with FY 2017-2019, where...
by Matthew Johnson | Apr 16, 2021 | Estoppel
By Sue Gerber and Matt Johnson – This blog has previously discussed the effect of several different types of estoppel. See, e.g., Estoppel Estopped for Remanded Claims, Reminder: Estoppel May Not Preclude Prior-Art Systems, and PGR Estoppel Applies to...
by Matthew Johnson | Apr 7, 2021 | CBMs, Time Limits
By Hannah Mehrle and Matt Johnson – A PTAB panel found FedEx sufficiently akin to Priority Mail Express to meet the petition service rule, and to the extent necessary further waived the regulatory requirements related to the timing of Petitioner’s (TIZ Inc....
