by John Evans, Ph.D. | May 23, 2024 | Design Patents, Federal Circuit Appeal, PTAB News
By John Evans and Jesse Wynn – The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach . . . for determining non-obviousness.” LKQ v. GM,...
by Matthew Johnson | May 16, 2024 | Claim Construction, PTAB News, PTAB Trial Basics
By Hannah Mehrle and Matt Johnson – The Board declined to institute inter partes review because Petitioner failed to identify adequate corresponding structure in the challenged patent that performed the function of claim limitation that was to be construed...
by Jennifer Chheda, Ph.D. | May 13, 2024 | Final Written Decisions, Prior Art Issues, PTAB News, Request for Reconsideration
By Jennifer Chheda and Daniel Sloan – In denying Petitioner Medivis, Inc.’s (“Medivis”) Request for Rehearing of the Patent Trial and Appeal Board’s (“PTAB”) Final Written Decision (“FWD”) in Medivis, Inc. v. Novarad Corp. inter partes review, the PTAB found...
by Matthew Johnson | May 2, 2024 | PTAB News, PTAB Trial Basics, Trial Institution
By Matthew Johnson, Carl Kukkonen, Evan C. Jones, and Daniel Sloan – On April 19, 2024, the USPTO issued a Notice of Proposed Rulemaking (the “Notice”) regarding discretionary denial in post-grant proceedings and other issues. The Notice addresses stakeholder...
by Matthew Johnson | Apr 26, 2024 | PTAB News, PTAB Trial Basics, Request for Reconsideration
By: Lisa Furby, Marlee Hartenstein, Stephanie M. Mishaga and Robby Breetz – In 2021, following the Supreme Court’s Arthrex decision, the PTO issued an interim procedure for requesting Director Review (discussed here). The PTO has now issued a Notice of Proposed...
by Matthew Johnson | Apr 25, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics
By Jack Graves and Matt Johnson – The PTAB recently denied Trend Micro, Inc.’s (Petitioner) inter partes review petition against Open Text, Inc. and Webroot, Inc. (Patent Owners) challenging all claims of U.S. Pat. No. 8,201,243. Trend Micro, Inc. v. Open Text,...
