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...
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...
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....
by Vishal Khatri | May 1, 2019 | Final Written Decisions
By: Yury Kalish and Blaney Harper – The ITC issued a final determination in a long-running dispute between Sony and Fujifilm. Certain Magnetic Tape Cartridges And Components Thereof, Inv. No. 337-TA-1058, Notice Of A Commission Final Determination (March 25,...
by David Maiorana | Feb 25, 2019 | Final Written Decisions
By Jordan Powers and Dave Maiorana In SAS Institute v. Iancu, the Supreme Court held that when the PTAB institutes inter partes review under 35 U.S.C. § 314, it must decide the patentability of all claims the petitioner has challenged. SAS Institute left open the...