by John Evans, Ph.D. | Oct 15, 2026 | Design Patents, District Court, Federal Circuit
By Adam Cook and John Evans – “We have messed up design patent infringement.” So declared Chief Judge Moore in a heated dissent from the Federal Circuit’s denial of en banc review in Range of Motion v. Armaid—one of the most closely watched design patent cases in...
by Matthew Johnson | Oct 9, 2026 | Claim Construction, District Court, PTAB News, Trial Institution
By Ash Hashmi,* Cameron Hart, Ashvi Patel, and Matt Johnson – The USPTO designated as informative three recent Director decisions denying institution of IPR in response to inconsistent claim construction by petitioners in parallel litigation before the PTAB and...
by Matthew Johnson | Nov 17, 2025 | District Court, Federal Circuit Appeal, PTAB News, PTAB Trial Basics, Trial Institution
By Thane Bonnett,* Daniel Sloan, and Matt Johnson – On October 17, 2025, the USPTO issued a notice of proposed rulemaking (“Notice”) regarding the rules of practice for inter partes review before the PTAB. The proposed rules do not apply to post grant review...
by Matthew Johnson | Oct 17, 2025 | District Court, PTAB News, PTAB Trial Basics, Trial Institution
By Matt Johnson – On October 17, Director Squires announced that he will assume responsibility for all post‑grant trial institution decisions. When the Director determines that a petition warrants institution, the matter will be assigned to a three‑judge APJ...
by Matthew Johnson | Oct 17, 2025 | District Court, Petitions, PTAB News, PTAB Trial Basics, Time Limits, Trial Institution
By Matt Johnson – On October 17th, the PTAB issued a Notice of Proposed Rulemaking regarding criteria for the Office to apply when making discretionary denial determinations. The proposed rule would: Require an IPR petitioner to file a stipulation not to pursue...
by Matthew Johnson | Oct 9, 2025 | Claim Construction, District Court, PTAB News, PTAB Trial Basics
By Pranita Dhungana and Matt Johnson – The United States Patent and Trademark Office (USPTO) recently issued a memorandum addressing how the Patent Trial and Appeal Board (PTAB) should handle prior findings of fact and conclusions of law when adjudicating patent...
