by Matthew Johnson | Oct 13, 2020 | Federal Circuit Appeal, PTAB News
By Matt Johnson – On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit’s Arthrex decision, consolidating those three cases for briefing and argument. The questions to be presented are as follows: 1. Whether, for...
by Matthew Johnson | Oct 8, 2020 | Real Party in Interest
By Matt Johnson – Throughout the Patent Trial and Appeal Board’s (“PTAB”) history, patent owners have tried to leverage a petitioner’s alleged failure to name all real parties-in-interest (“RPIs”) as a way to achieve denial of an inter partes review (“IPR”)...
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...
