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Practice Tool: PTAB Publishes Consolidated Practice Guide

Practice Tool: PTAB Publishes Consolidated Practice Guide

by Matthew Johnson | Jan 13, 2020 | PTAB Trial Basics

In November 2019, the United States Patent and Trademark Office published a second edition of the America Invents Act (AIA) Trial Practice Guide (Practice Guide) to incorporate the Practice Guide updates released in August 2018 and July 2019 into the original August...
Statistics Through November 2019 Include 50% Institution Rate

Statistics Through November 2019 Include 50% Institution Rate

by Matthew Johnson | Jan 3, 2020 | PTAB News

By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through November 31, 2019) stands at 50% compared to 63% in the previous fiscal year.  While a small sample size (88 instituted, 88 denied), this is a number that...
Timeline of Arthrex Developments

Timeline of Arthrex Developments

by Matthew Johnson | Dec 16, 2019 | Federal Circuit Appeal, PTAB News

By Nate Andrews, Jasper Tran, and Matt Johnson – The Federal Circuit’s decision in Arthrex v. Smith & Nephew excited and disrupted the patent world.  (See, Jones Day Podcast recapping Arthrex decision and fallout.)  Inter partes review (IPR) reshaped patent...
PTAB Webinar Addresses Motion To Amend Practice

PTAB Webinar Addresses Motion To Amend Practice

by Matthew Johnson | Dec 11, 2019 | Amendment Practice

By Sue Gerber and Matt Johnson On December 4, 2019, the PTAB hosted the last installment for 2019 in its “Boardside Chat” webinar series.  The program, presented by Deputy Chief Judge Jacqueline Bonilla and Lead Administrative Patent Judge Jessica Kaiser, addressed...
POP: Can PTAB Raise Ground of Unpatentability In Addressing Motion to Amend?

POP: Can PTAB Raise Ground of Unpatentability In Addressing Motion to Amend?

by Matthew Johnson | Dec 9, 2019 | Amendment Practice

By Alex Li and Matt Johnson During an inter partes review (IPR), it is usually the Petitioner that raises grounds of unpatentability against a Motion to Amend that the Patent Owner must defend in front of the Patent Trial and Appeal Board (PTAB).  Is the PTAB allowed...
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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.