by John Evans, Ph.D. | Mar 23, 2020 | Federal Circuit Appeal, PTAB News
By John Evans – On Monday, the Federal Circuit issued a per curiam order denying en banc rehearing that had been requested by all three of the parties to the Arthrex decision, where the Federal Circuit found that PTAB ALJs had been unconstitutional...
by David Maiorana | Mar 23, 2020 | Federal Circuit Appeal, Joinder
By Dave Maiorana – The Federal Circuit has definitively ruled on the PTAB’s practice of allowing so-called “same-party” IPR joinder. The court held that an IPR petitioner cannot join itself as a party to an existing IPR and cannot add new arguments or issues...
by Matthew Johnson | Mar 11, 2020 | Federal Circuit Appeal, Real Party in Interest, Time Limits
By Cathy Chin Eng and Matt Johnson – In two related decisions, the Federal Circuit held that the Patent Owner, Acoustic Technology, Inc. (“Acoustic”) waived its time-bar challenges under 35 U.S.C. § 315(b) (“Section 315(b)”) by failing to assert them in the IPR...
by Emily Tait | Feb 28, 2020 | Federal Circuit Appeal, PTAB News
By Emily Tait and Nate Andrews – The Federal Circuit continues to be flooded with petitions to revisit its panel decision in Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320, No. 2018-2140 (Fed. Cir. 2019). As previously discussed, all three parties in...
by Matthew Johnson | Feb 18, 2020 | Federal Circuit Appeal, PTAB Trial Basics
By Sue Gerber and Matt Johnson – The Federal Circuit’s recent decision in Samsung Electronics America, Inc. v. Prisua Engineering Corp., — F.3d —, 2020 WL 543427, at *4 (Fed. Cir. Feb. 4. 2020), could not be more clear: “[W]e hold that the Board may...
by John Marlott | Jan 31, 2020 | Federal Circuit Appeal
By John Marlott – In view of Arthrex, can an unsuccessful petitioner get a do-over of a PTAB decision denying institution of an IPR? The USPTO says no, and the Federal Circuit has been asked to consider the question in United Fire Protection v. Engineered...
