by Joseph Beauchamp | Apr 18, 2023 | Final Written Decisions, PTAB News
By Alison Ibendahl and Joe Beauchamp – A panel of the Federal Circuit has again held that Commissioner Drew Hirshfeld had the requisite authority to act on requests for Director review of PTAB decisions during which the office of Director was vacant. Fall Line...
by Matthew Johnson | Apr 7, 2023 | Final Written Decisions, PTAB Trial Basics
By Christian Roberts and Matt Johnson – Petitioners should be cautious of introducing a new theory in a Petitioner Reply before the PTAB. On February 7, 2023, the Patent Trial and Appeal Board (“PTAB”) entered a final written decision declining to find any...
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...
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...
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...
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...
