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...
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...
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). ...
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,...
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...
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...
