by Matthew Johnson | Apr 8, 2020 | Federal Circuit Appeal, PTAB News
By Alex Li and Matt Johnson – On March 23, 2020, the Federal Circuit issued a per curiam order denying rehearing and rehearing en banc in Arthrex. See Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140, Order Denying Rehearing and Rehearing En Banc, Dkt....
by Matthew Johnson | Apr 7, 2020 | Federal Circuit Appeal, PTAB News
By Steph Brooker and Matt Johnson – The Court of Appeals for the Federal Circuit (CAFC) has denied the United States Patent and Trademark Office’s (USPTO) unopposed motion to stay its mandate issued in Arthrex. The USPTO filed its motion seeking a 90 day stay...
by Matthew Johnson | Apr 2, 2020 | PTAB News
By Alex Li and Matt Johnson – Patent litigation can be quite costly to defend against, that’s no secret. But when can a prevailing defendant recover its attorneys’ fees from the plaintiff, patent holder, and under what circumstances? Under the “American Rule,”...
by Matthew Johnson | Apr 1, 2020 | PTAB News
By Matt Johnson – On March 31, 2020, the Patent Office issued a Notice of Waiver of Patent-Related Timing Deadlines under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed by Congress last week. Under the due date modification authority...
by Matthew Johnson | Mar 31, 2020 | 325(d) issues, PTAB News
By Josh Nightingale 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 a first of the precedential designated decisions. On March 24, 2020, the PTAB...
