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...
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,”...
