by Matthew Johnson | Nov 8, 2019 | Patent Eligible Subject Matter, PGR
By Austin Ball and Matt Johnson On October 10, 2019, the Patent Trial and Appeal Board (“PTAB”) issued a Final Written Decision in favor of Avepoint, Inc. (“Avepoint”) and against Onetrust, LLC (“Onetrust”) in an America Invents Act post grant review (“PGR”) of...
by Matthew Johnson | Nov 5, 2019 | Federal Circuit Appeal, PTAB News
By Marlee Hartenstein and Matt Johnson Last Thursday, the Federal Circuit found the appointments of Patent Trial and Appeal judges unconstitutional, in part because the judges do not receive sufficient oversight from the Director of the United States Patent and...
by Matthew Johnson | Nov 1, 2019 | Federal Circuit Appeal, Final Written Decisions, PTAB News
On Thursday, a panel of the Federal Circuit found that PTAB judges have to date been unconstitutional appointments. The panel thinks that it has cured that issue going forward by severing a portion of Title 35 that allows for removal of PTAB judges only for cause....
by Matthew Johnson | Oct 30, 2019 | Amendment Practice, PTAB News
By Phillip S. Beck and Christian Platt On October 21, 2019, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) provided a Notice of Proposed Rulemaking (“NPRM”) concerning their rules of practice in allocating burdens...
by Matthew Johnson | Oct 28, 2019 | Trial Institution
By Tom Ritchie and Matt Johnson The status of a parallel district court proceeding may provide a basis for the PTAB to deny institution of an IPR pursuant to § 314(a). NHK Spring Co. v. Intri-Plex Techs., Inc., IPR2018-00752, Paper 8 (PTAB Sep. 12, 2018)...
