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...
by Matthew Johnson | Jun 22, 2020 | PTAB News
By Robby Breetz and Matt Johnson – In Amneal Pharmaceuticals LLC v. Almirall, LLC, the Federal Circuit recently found 35 U.S.C. § 285 did not authorize the Court awarding attorney’s fees for conduct occurring at the PTAB. No. 2020-1106, 2020 WL 2961939, at *2...
by Matthew Johnson | Jun 16, 2020 | Trial Institution
By Marlee Hartenstein and Matt Johnson – In 3Shape A/S v. Align Tech., Inc., IPR2020-00223, Paper 12 (May 26, 2020), the PTAB declined to deny institution of an inter partes review involving a patent challenged in a pending ITC investigation. Despite the...
by Matthew Johnson | Jun 12, 2020 | Evidentiary Issues, Preliminary Responses, PTAB News
By Alex Li and Matt Johnson – On June 11, 2020, the Patent Trial and Appeal Board (PTAB) held a Boardside Chat webinar to discuss new developments in AIA trials. The discussion featured panelists Vice Chief Judge Michael Tierney and Lead Judge William Saindon....
by Matthew Johnson | Jun 4, 2020 | PTAB News
By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through April 30, 2020) stands at 55% (370 instituted, 300 denied) compared to 63% in the previous fiscal year. This lower institution rate compared to prior years is a...
