by Matthew Johnson | Feb 10, 2020 | PTAB News
By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through December 31, 2019) stands at 55% compared to 63% in the previous fiscal year. While a small sample size (138 instituted, 113 denied), this is a number that we...
by Matthew Johnson | Jan 28, 2020 | Federal Circuit Appeal, Real Party in Interest
By Robby Breetz and Matt Johnson Determining the Real Party-in-Interest (“RPI”) in an IPR can have critical implications for estoppel. A patent owner can prevent institution of an IPR by showing that an RPI has previously “filed a civil action challenging the...
by Matthew Johnson | Jan 24, 2020 | Discovery, Expert Witnesses
By Marlee Hartenstein and Matt Johnson – In a series of IPR proceedings between Petitioner Adobe Inc. and Patent Owner RAH Color Technologies LLC, the Patent Trial and Appeal Board declined to extend attorney work product protection to deposition questions...
by Matthew Johnson | Jan 21, 2020 | Evidentiary Issues, Petitions, PTAB News
By Alex Li and Matt Johnson – A petition to institute an inter partes review (IPR) can only be filed on the basis of prior art consisting of patents and printed publications. But what makes a reference a “printed publication”? On December 20, 2019, the...
by Matthew Johnson | Jan 20, 2020 | Federal Circuit Appeal, PTAB News
By Nate Andrews and Emily Tait – January 17 Update: On January 17, each of the parties filed responses to the rehearing petitions, linked here: Government Response, Appellant Arthrex’s Response, Appellee Smith & Nephew’s Response As we have...
