by Matthew Johnson | Oct 2, 2020 | Federal Circuit Appeal, Time Limits
By Matt Johnson – Current PTAB-relevant case law dictates: 35 U.S.C. § 315(b) “unambiguously precludes the Director from instituting an IPR if the petition seeking institution is filed more than one year after the petitioner, real party in interest, or privy of...
by Matthew Johnson | Sep 25, 2020 | PTAB News
The Patent Trial and Appeal Board (PTAB) has added an online form to the USPTO website that allows any member of the public to nominate any PTAB decision for precedential or informative designation. Those nominating a decision must provide a case number, case name,...
by Matthew Johnson | Sep 18, 2020 | Final Written Decisions
By Mike Lavine and Matt Johnson – The PTAB and District Courts do not always see eye to eye when it comes to prior art. On August 21, 2020, the Board issued a trio of final written decisions refusing to invalidate the claims of three patents, two of which have...
by Matthew Johnson | Sep 15, 2020 | PTAB News
By Sue Gerber and Matt Johnson – After having to be postponed due to coronavirus concerns, the 2020 PTAB Bar Association Annual Conference has now been rescheduled and is going forward on September 24-25, 2020, with pre-conference sessions being held September...
by Matthew Johnson | Sep 1, 2020 | Trial Institution
By Alex Li and Matt Johnson The Patent Trial and Appeal Board (PTAB) has the discretion to deny institution of any inter partes review (IPR). Such discretionary denial may be based on a variety of considerations, such as the existence of an ongoing district court...
