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How Long Is Too Long To Wait To Settle?

How Long Is Too Long To Wait To Settle?

by Matthew Johnson | Mar 30, 2023 | Final Written Decisions, PTAB News, PTAB Trial Basics

By Sue Gerber and Matt Johnson – An IPR “shall be terminated with respect to any petitioner upon the joint request of the petitioner and patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed.”  35...
Invalidation Of Patent Deemed Not To Moot IPR

Invalidation Of Patent Deemed Not To Moot IPR

by Matthew Johnson | Dec 13, 2022 | Final Written Decisions, Motions Practice, PTAB News

By Annie Scantling, Robby Breetz, Matt Johnson –  A PTAB panel recently denied Linquet Technologies, Inc.’s (“Patent Owner”) motion to dismiss an IPR proceeding as moot despite a district court having already invalidated the patent because the final written...
Federal Circuit Approves Interim-Director Director Reviews

Federal Circuit Approves Interim-Director Director Reviews

by Matthew Johnson | Jul 8, 2022 | Final Written Decisions, PTAB News

By Kaylee Rabatin and Matt Johnson – The Federal Circuit’s decision on May 27, 2022 in Arthrex Inc. v. Smith & Nephew Inc. et al., set forth that Patent Commissioner, Drew Hirshfeld, was within the bounds of the U.S. Supreme Court’s United States v. Arthrex...
Recap: Post-Arthrex Director Reviews State of Play

Recap: Post-Arthrex Director Reviews State of Play

by Matthew Johnson | Jun 10, 2022 | Final Written Decisions, PTAB News, Request for Reconsideration

By Ben Baek,* Mike Lavine, and Matt Johnson – In a previous post from July 2021, we discussed the interim process for Director review in PTAB proceedings post-Arthrex. Since then, only three out of over 175 requests for Director review of a Final Written...
Third Post-Arthrex Grant of Director Review Issued

Third Post-Arthrex Grant of Director Review Issued

by Matthew Johnson | May 27, 2022 | Final Written Decisions, PTAB News

By Jareli Reynoso Gutierrez and Matt Johnson – On March 3, 2022, Andrew Hirshfeld, the Commissioner for Patents and acting Director of the USPTO, issued the third post-Arthrex grant of Director Review for two separate Final Written Decisions issued by the PTAB...
Section 316(a)(11) Time Limits Do Not Apply Beyond First FWD

Section 316(a)(11) Time Limits Do Not Apply Beyond First FWD

by Matthew Johnson | May 18, 2022 | Final Written Decisions, Time Limits

By Haytham Soliman and Matt Johnson – In Laboratoire Francais du Fractionnement et des Biotechnologies S.A. v. Novo Nordisk Healthcare AG, the Patent Trial and Appeal Board (PTAB) denied the Petitioner’s motion to terminate the inter partes review (IPR) and to...
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