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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...
Confidential Manual Deemed Not A Printed Publication

Confidential Manual Deemed Not A Printed Publication

by Joseph Beauchamp | May 11, 2022 | Final Written Decisions, Prior Art Issues

By Alison Ibendahl and Joe Beauchamp – In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior art did not qualify as “printed publications” under 35 U.S.C. § 311(b). ...
PTAB Denies IPR Institutions Without Patent Owner Rebuttal Evidence

PTAB Denies IPR Institutions Without Patent Owner Rebuttal Evidence

by Joe Sauer | Nov 15, 2021 | Evidentiary Issues, Final Written Decisions, Trial Institution

By Stephanie Mishaga, Joseph Sauer, and Evan McLean – It is no secret that the Patent Trial and Appeal Board (PTAB) often leverages its discretionary denial powers to deny inter parties review (IPR) petitions.  The PTAB has discretionarily denied IPR petitions,...
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