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Secondary Considerations Unhelpful Second Time Around

Secondary Considerations Unhelpful Second Time Around

by Matthew Johnson | Mar 11, 2021 | Other News

By Zach Sharb and Matt Johnson – On February 26, 2021, the PTAB found in favor of Fox Factory, Inc. (“Fox”) on remand and cancelled the challenged claims of SRAM LLC’s (“SRAM”) U.S. Patent No. 9,182,027 (the ’027 Patent), directed towards anchoring a bicycle’s...
Wurst Case Scenario: Sausage Tray Design Patent Found Obvious

Wurst Case Scenario: Sausage Tray Design Patent Found Obvious

by John Evans, Ph.D. | Apr 27, 2020 | Design Patents, Other News

By Kerry Barrett and John Evans – Last October, the Federal Circuit reversed the PTAB’s decision that a challenged design patent was not obvious.  Campbell Soup Co. v. Gamon Plus, Inc., 939 F.3d 1335 (Fed. Cir. 2019).  We wrote about how the court applied a more...
Trial Court Denies Amendment of Contentions To Add Reexam Claims Following Successful IPR

Trial Court Denies Amendment of Contentions To Add Reexam Claims Following Successful IPR

by Gasper LaRosa | Oct 21, 2019 | Other News, Stay

By Gasper LaRosa and Stephanie M. Brooker What happens when patent claims are found unpatentable in inter partes review (“IPR”) and new claims are subsequently added to that patent through ex parte reexamination? The District Court for the Northern District of...
Jones Day’s PTAB Litigation Blog – The Story and Rationale

Jones Day’s PTAB Litigation Blog – The Story and Rationale

by Matthew Johnson | Sep 6, 2019 | Other News

Jones Day’s PTAB Litigation Blog launched August 19, 2015.  428 posts later, it has become one of the most widely recognized and read PTAB practice blogs in existence.  Jones Day partners Dave Cochran and Matt Johnson talk about the history and rationale for the...
High Court to Tackle Whether Government Can Petition PTAB

High Court to Tackle Whether Government Can Petition PTAB

by Emily Tait | Nov 8, 2018 | Other News, PTAB Trial Basics

By: Emily Tait UPDATE: Oral Argument was held in this case in February 2019. On October 26, 2018, the Supreme Court granted certiorari in Return Mail, Inc. v. United States Postal Service, et al. (17-1594) to address whether the U.S. government is a “person” who may...
Is the Government a “Person” Who May Institute PTAB Trials?

Is the Government a “Person” Who May Institute PTAB Trials?

by Emily Tait | Jul 11, 2018 | Other News

By: Emily Tait and Lauren Willens UPDATE: In October, the Supreme Court granted the Petition in this case.   The America Invents Act (“AIA”) provides that a “[a] person may not file a petition for [covered business method review] unless the person or the person’s real...
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The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.