by Matthew Johnson | Oct 20, 2020 | 325(d) issues, PTAB News, Trial Institution
By Matt Johnson – The Supreme Court has held the PTAB’s “decision to deny a petition is a matter committed to the Patent Office’s discretion,” and that there is “no mandate to institute review.” Cuozzo Speed Techs., LLC v. Lee, 136 S. Ct. 2131, 2140 (2016). ...
by Matthew Johnson | Apr 10, 2020 | 325(d) issues, PTAB News
By Robby Breetz and Matt Johnson – As we noted here, the PTAB recently designated two 35 U.S.C. § 325(d) cases precedential and one informative. Here is an in depth review of the informative decision. On March 24, 2020,the PTAB designated two sections of the...
by John Kinton | Apr 3, 2020 | 325(d) issues
By John Kinton and Amanda Leckman – As we noted here, the PTAB recently designated two 35 U.S.C. § 325(d) cases precedential and one informative. Here is an in depth review of the informative decision. On October 31, 2019, the PTAB denied PUMA North America,...
by Matthew Johnson | Mar 31, 2020 | 325(d) issues, PTAB News
By Josh Nightingale and Matt Johnson – As we noted here, the PTAB recently designated two 35 U.S.C. § 325(d) cases precedential and one informative. Here is an in depth review of a first of the precedential designated decisions. On March 24, 2020, the PTAB...
by Matthew Johnson | Mar 30, 2020 | 325(d) issues, PTAB News
By Matt Johnson – Last week, the PTAB designated two 35 U.S.C. § 325(d) cases precedential and one informative. These cases discuss the Board’s process for deciding when to use their discretion to deny institution because a Petition raises issues that the...
by David Cochran | Feb 19, 2020 | 325(d) issues, Trial Institution
By Dave Cochran – 35 U.S.C. § 325(d) gives the PTAB discretion to deny a petition for inter partes review when the same or substantially the same prior art or arguments were previously before the Office – including during original examination, reexamination, or...
