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Filing Date Motion Granted Due To COVID-19

Filing Date Motion Granted Due To COVID-19

by Matthew Johnson | Nov 23, 2020 | Motions Practice, PTAB News

By Hannah Mehrle* and Matt Johnson – NeuMoDx Molecular, Inc., (Petitioner) who was otherwise barred from pursuing two IPR proceedings regarding patents owned by HandyLab, Inc. (Patent Owner) under 35 U.S.C. § 315(b)’s one year deadline, filed a Motion to Change...
PTAB Allows Input on POP Review Requests Using Online Form

PTAB Allows Input on POP Review Requests Using Online Form

by Matthew Johnson | Nov 19, 2020 | PTAB News, Request for Reconsideration

By Matt Johnson – The PTAB has added an online form to the USPTO website that allows the submission of an amicus request addressing a pending request for Precedential Opinion Panel (POP) review.  This form will enable interested parties to provide fast input on...
Fed. Circuit Cautions Against Narrow Application of Analogous Art Test

Fed. Circuit Cautions Against Narrow Application of Analogous Art Test

by Matthew Johnson | Nov 11, 2020 | Prior Art Issues

By Matt Johnson – One of the steps in a proper obviousness analysis is to ascertain the scope and content of the prior art and the differences between the prior art and the claims at issue.  Graham v. John Deere Co. of Kan. City, 383 U.S. 1, 17 (1966).  The...
Joinder Bid After Prior Petition Denial Fails

Joinder Bid After Prior Petition Denial Fails

by Matthew Johnson | Nov 5, 2020 | Joinder, PTAB News

By Matt Johnson – After being sued by Uniloc in April 2018 for infringement of U.S. Patent No. 6,467,088 (“Reconfiguration Manager for Controlling Upgrades of Electronic Devices”), Apple challenged claims 1-21 of that patent at the PTAB in October of that year...
District Court Issues Sanctions for Patent Owner’s Shapeshifting Arguments at the PTAB

District Court Issues Sanctions for Patent Owner’s Shapeshifting Arguments at the PTAB

by Matthew Johnson | Oct 30, 2020 | PTAB News, Time Limits

By Matt Johnson – Although infrequently awarded, district courts are empowered to issue sanctions for behavior at the PTAB that they deem “exceptional” under Octane Fitness.  In Game and Technology Co., Ltd. v. Wargaming Group Limited, district court defendant and...
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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.