by Matthew Johnson | Apr 21, 2020 | Federal Circuit Appeal, PTAB News, Time Limits
On Monday, the Supreme Court ruled that 35 U.S.C. § 314(d)’s statement that the “determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable” means that PTAB decisions regarding the...
by Matthew Johnson | Apr 17, 2020 | Prior Art Issues, PTAB News
By Alex Li and Matt Johnson – As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art. Here is an in depth...
by Matthew Johnson | Apr 10, 2020 | 325(d) issues, PTAB News
By Robby Breetz and Matt Johnson – As we noted here, the PTAB recently designated two 35 U.S.C. § 325(d) cases precedential and one informative. Here is an in depth review of the informative decision. On March 24, 2020,the PTAB designated two sections of the...
by Matthew Johnson | Apr 10, 2020 | Prior Art Issues
The PTAB recently designated a number of cases regarding procedures for determining whether a prior art reference is a “printed publication.” One opinion regarding the difference in burdens of proving “printed publication” status between...
by Matthew Johnson | Apr 9, 2020 | Federal Circuit Appeal, PTAB News, Request for Reconsideration
By Mike Lavine and Matt Johnson – On March 30, 2020, the Federal Circuit relied on Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) to vacate and remand several related PTAB decisions, including in proceedings where the patent owner did...
