by Sarah Geers | Dec 28, 2023 | Prior Art Issues, PTAB News, Request for Reconsideration
By Luke Cipolla, Daniel Sloan, Robert Breetz, Sarah Geers, and Matt Johnson – USPTO Director Kathi Vidal recently designated precedential section II.E.3 of Penumbra, Inc. v. RapidPulse, Inc. and clarified that the priority analysis for an AIA reference patent as...
by Sarah Geers | Apr 12, 2023 | PTAB News, PTAB Trial Basics
By Sarah Geers and Ashvi Patel – In its second-ever Final Written Decision in a derivation proceeding, the Patent Trial and Appeal Board (“PTAB”) determined that a patent application for a biocidal composition and method of producing said biocidal...
by Sarah Geers | Jan 20, 2023 | Claim Construction, Federal Circuit Appeal
By Sarah Geers, Ashvi Patel, and Stephanie Mishaga – The Federal Circuit recently held, in Cupp Computing AS v. Trend Micro Inc., that a disclaimer in an inter partes review (IPR) proceeding is not binding on the USPTO in the same proceeding in which the...
by Sarah Geers | Apr 27, 2022 | PTAB News, Trial Institution
By Sarah Geers – The PTAB recently issued a rare decision instituting a derivation proceeding, in Global Health Solutions LLC v. Selner, DER2017-00031 (“GHC”). The GHC institution decision provides several lessons for future petitioners looking to avoid...
by Sarah Geers | Dec 21, 2021 | PTAB Trial Basics
By Amanda Simms* and Sarah Geers – Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v....
