by Matthew Johnson | Apr 15, 2017 | PTAB News, Trial Institution
By Matt Johnson PTAB trials are nearly always (~ 4 out of 5) driven by some concurrent litigation need, either a district court complaint of infringement filed against the petitioner or an International Trade Commission (ITC) investigation initiated by the patent...
by Matthew Johnson | Mar 2, 2017 | PTAB News
Post-Issue patentability trials at the Patent Trial and Appeal Board have become wildly more popular than was expected when they were introduced in September 2012. Petition filing rates have been nearly four times the levels originally predicted. The following...
by Matthew Johnson | Feb 28, 2017 | Federal Circuit Appeal
By Yury Kalish Ph.D. and Matt Johnson In a unanimous opinion issued on February 14, 2017, a three-judge panel of the Federal Circuit vacated the Board’s obviousness determination in Apple’s inter partes review against PersonalWeb and remanded for further proceedings,...
by Matthew Johnson | Feb 11, 2017 | Evidentiary Issues
By Matt Johnson The Patent Trial and Appeal Board’s Trial Practice Guide, 77 Fed. Reg. 48756, includes discussions of types of discovery that may come into play in post-grant trials, including the possibility of live testimony. The Guide states that...
by Matthew Johnson | Feb 8, 2017 | Stay
By Matt Johnson The multiple flavors of review and prosecution at the Patent Office produce an environment where a patent family could be subject to inconsistent results. Conceivably, patents in a pre-AIA patent family could simultaneously be subject to regular...
