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Follow On Petition Denied for Implicit “Significant Relationship”

Follow On Petition Denied for Implicit “Significant Relationship”

by Matthew Johnson | Jul 24, 2020 | Trial Institution

By Jen Bachorik and Matt Johnson – In Ericsson Inc. v. Uniloc 2017, LLC, IPR2019-01550 (PTAB March 17, 2020) (Paper 8), the PTAB denied institution of inter partes review under 35 U.S.C. § 314, exercising its discretion to deny “follow-on petitions” challenging...
LEAP: Additional PTAB Argument Time Offered For Junior Attorneys

LEAP: Additional PTAB Argument Time Offered For Junior Attorneys

by Matthew Johnson | Jul 14, 2020 | PTAB News

By Stephanie M. Brooker and Matthew Johnson – Less experienced patent practitioners may be granted additional oral argument time in front of the Patent Trial and Appeals Board (PTAB) with the Legal Experience and Advancement Program (LEAP).  LEAP helps foster...
Section 315(a) Calls At Institution Cannot Be Reviewed

Section 315(a) Calls At Institution Cannot Be Reviewed

by Matthew Johnson | Jul 10, 2020 | Trial Institution

By Sue Gerber and Matt Johnson – Recently, we reported about the Supreme Court’s decision holding that the AIA’s “no appeal” provision in 35 U.S.C. § 314(d) means that the PTAB’s decision not to institute IPR because a petition is time barred under 35 U.S.C....
Failure to Identify MPF Structure Tanks Petition

Failure to Identify MPF Structure Tanks Petition

by Matthew Johnson | Jul 1, 2020 | Claim Construction, Trial Institution

By Mike Lavine and Matt Johnson – On June 18, 2020, the PTAB denied an IPR petition because the Petitioner failed to sufficiently construe the means-plus-limitations of the challenged claims. Mattersight Corporation (“Mattersight”) owns the challenged patent,...
PTAB Bar Association Law Journal: Post-AIT Review of Real Party in Interest Decisions

PTAB Bar Association Law Journal: Post-AIT Review of Real Party in Interest Decisions

by Matthew Johnson | Jun 29, 2020 | Real Party in Interest

By Steph Brooker, Robby Breetz, Matt Johnson, and Tom Ritchie – 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...
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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.