by Matthew Johnson | Apr 22, 2019 | PTAB News, Trial Institution
By Matt Johnson Institution rates have ticked up while petition filing rates are even over fiscal year 2018. The running rate for institutions through the first six months of FY 2019 is at 64% compared to 60% in the previous year. Through March 2019, 763 IPR...
by Matthew Johnson | Apr 3, 2019 | PTAB Trial Basics, Trial Institution
By Levent Herguner and Matt Johnson In a recent decision, the PTAB exercised its discretion under 35 U.S.C. § 314(a) to deny inter partes review of Perfect Company’s (“Patent Owner”) patent. Adaptics Ltd. v. Perfect Co., IPR2018-01596 (March 6, 2019). A panel of...
by Matthew Johnson | Apr 1, 2019 | PTAB Trial Basics
By Kenny Luchesi In a recent decision that the PTAB designated as precedential, the Board denied a patent owner’s request to provide live testimony from the inventor of the challenged patent at the oral hearing. In DePuy Synthes Products, Inc. v. MedIdeam LLC, Case...
by Matthew Johnson | Mar 29, 2019 | PTAB Trial Basics
By Sue Gerber and Matt Johnson Generally, the PTAB does not allow live testimony at oral argument, but recently it designated one of its 2014 decisions as precedential to give guidance as to when the Board will allow live testimony at oral argument. K-40 Electronics,...
by Matthew Johnson | Mar 26, 2019 | Amendment Practice
By Catharina J. Chin Eng and Matt Johnson To facilitate claim amendments in inter partes, post-grant and covered business method patent reviews (collectively AIA trials), the USPTO on October 29, 2018, published a request for comment (“RFC”) on a proposed procedure...
