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Certain PTAB Due Dates Eligible for Extension Based on COVID-19 Delay

Certain PTAB Due Dates Eligible for Extension Based on COVID-19 Delay

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...
Precedential: Two-Part Framework for Applying § 325(d)

Precedential: Two-Part Framework for Applying § 325(d)

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...
PTAB Designates Two §325(d) Opinions Precedential, One Informative

PTAB Designates Two §325(d) Opinions Precedential, One Informative

by Matthew Johnson | Mar 30, 2020 | 325(d) issues, PTAB News

By Matt Johnson – Last week, the PTAB designated two 35 U.S.C. § 325(d) cases precedential and one informative.  These cases discuss the Board’s process for deciding when to use their discretion to deny institution because a Petition raises issues that the...
Wave Goodbye to Waiver: Rehearing Petitions Rejected in Polaris

Wave Goodbye to Waiver: Rehearing Petitions Rejected in Polaris

by Matthew Johnson | Mar 18, 2020 | PTAB News

By Nate Andrews and Matt Johnson – The full Federal Circuit denied rehearing in Polaris.  Polaris Innovations Ltd. v. Kingston Technology Company, No. 2018-1831.  As previously discussed, both the U.S. government and Polaris requested rehearing after the court...
PTAB Oral Argument Procedures in view of COVID-19

PTAB Oral Argument Procedures in view of COVID-19

by Matthew Johnson | Mar 16, 2020 | PTAB News

By Matt Johnson – On March 13th, the PTAB issued the following notice: Until further notice, examiner and examining attorney interviews, Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB) oral hearings, and other similar in-person...
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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.