by Matthew Johnson | Aug 10, 2018 | PTAB News, Uncategorized
By: Rich Graham and Matt Johnson The USPTO’s Patent Trial and Appeal Board (PTAB) has published an update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the Board. The USPTO published the original TPG in August...
by Matthew Johnson | Jul 30, 2018 | Pharmaceutical
As we reported in our July 2, 2018 article Hatch Bill: Restore Hatch-Waxman Balance; Limit Generics’ Access to PTAB, Senator Orrin Hatch (R-Utah), the namesake and coauthor of the Hatch-Waxman Act, proposed (but has not yet introduced) an amendment titled the...
by Matthew Johnson | Jul 26, 2018 | CBMs
By: Sean Benevento[1], Mike Lavine, and Matt Johnson The PTAB recently clarified eligibility for a covered business method review (CBM). See Xerox Corp. v. Bytemark, Inc., No. CBM2018-00011 (P.T.A.B. July 12, 2018) (Paper 12). To establish standing for CBM review, a...
by Matthew Johnson | Jul 25, 2018 | 325(d) issues
By: Matt Johnson The PTAB’s decision on whether or not to institute trial in a particular matter is discretionary. See Harmonic Inc. v. Avid Tech, Inc., 815 F.3d 1356, 1367 (Fed. Cir. 2016) (“the PTO is permitted, but never compelled, to institute an IPR...
by Matthew Johnson | Jul 11, 2018 | PTAB News
By: Rich Graham and Matt Johnson On July 10, 2018, the PTAB announced the designation the following five decisions as informative: Colas Sols. Inc. v. Blacklidge Emulsions, Inc., Case IPR2018-00242, Paper 9 (Feb. 27, 2018) – holding that 35 U.S.C. § 315(a)(1) bars...
