by Matthew Johnson | Jun 5, 2019 | PTAB Trial Basics, Trial Institution
By Sue Gerber and Matt Johnson Petitioners beware. The PTAB will not “play archaeologist with the record” or assume the burden of making arguments if the Petitioner fails to present the asserted reasons for invalidity with the required specificity. Amazon Web...
by Matthew Johnson | May 31, 2019 | PTAB News
By Matt Johnson Institution rates have ticked up while petition filing rates are down slightly so far compared to 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...
by Matthew Johnson | May 30, 2019 | Trial Institution
By Matthew Chung*, Jasper L. Tran, and Matt Johnson Our previous blog post on NHK Spring Co. v. Intri-Plex Techs., Inc., No. IPR2018-00752, Paper 8 (PTAB Sept. 12, 2018) (precedential), noted the PTAB’s exercise of its § 314(a) discretion to deny IPR institution,...
by Matthew Johnson | May 23, 2019 | Federal Circuit Appeal
By Jihong Lou and Matt Johnson Update: The Supreme Court has denied cert in RPX v. ChanBond. In past decisions, the Federal Circuit has made clear that a petitioner appealing a PTAB’s final written decision upholding the patentability of challenged claims after an AIA...
by Matthew Johnson | May 21, 2019 | Real Party in Interest
By Tom Ritchie and Matt Johnson In an order designated precedential, the PTAB terminated an instituted IPR proceeding after the petitioner failed to establish that no real parties in interest (“RPI”) or privies had been served with a complaint more than one year...
