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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,...
PTAB Lifts Arthrex Remand Stay

PTAB Lifts Arthrex Remand Stay

by Matthew Johnson | Nov 11, 2021 | Final Written Decisions, PTAB Trial Basics

By Evan Jones* and Matt Johnson – On October 26, 2021, Chief Administrative Patent Judge (“APJ”) Boalick lifted a May 1, 2020 stay issued by the PTAB pending the Supreme Court’s consideration of Arthrex in which 103 cases were placed in “administrative...
PTAB Declines To Enter Adverse Judgment Against Pre-Institution Disclaimed Claims

PTAB Declines To Enter Adverse Judgment Against Pre-Institution Disclaimed Claims

by Matthew Johnson | May 7, 2021 | Final Written Decisions

By Andrea Beathard and Matt Johnson – Although the Federal Circuit had previously held that the PTAB may enter adverse judgment when a patent owner disclaims all claims challenged in an inter partes review (“IPR”) petition before an institution decision, in...
PTAB Decision Conflicts With District Court’s

PTAB Decision Conflicts With District Court’s

by Matthew Johnson | Sep 18, 2020 | Final Written Decisions

By Mike Lavine and Matt Johnson – The PTAB and District Courts do not always see eye to eye when it comes to prior art.  On August 21, 2020, the Board issued a trio of final written decisions refusing to invalidate the claims of three patents, two of which have...
BREAKING: Federal Circuit Finds PTAB Judges Are Unconstituional Appointments

BREAKING: Federal Circuit Finds PTAB Judges Are Unconstituional Appointments

by Matthew Johnson | Nov 1, 2019 | Federal Circuit Appeal, Final Written Decisions, PTAB News

On Thursday, a panel of the Federal Circuit found that PTAB judges have to date been unconstitutional appointments.  The panel thinks that it has cured that issue going forward by severing a portion of Title 35 that allows for removal of PTAB judges only for cause....
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