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Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal

Supreme Court Denies Petition Arguing for Preclusive Effects of PTAB Decisions Pending Appeal

by David Maiorana | Mar 1, 2024 | Federal Circuit Appeal, Final Written Decisions, PTAB News, PTAB Trial Basics

By Luke Cipolla and Dave Maiorana – On February 20, 2024, the Supreme Court denied Liquidia Technologies’ petition for a writ of certiorari to review a precedential Federal Circuit decision, United Therapeutics Corp. v. Liquidia Techs., Inc., 74 F.4th 1360 (Fed....
Federal Circuit Slices PTAB’s Printed Publication Finding

Federal Circuit Slices PTAB’s Printed Publication Finding

by Carl Kukkonen | Feb 28, 2024 | Evidentiary Issues, Prior Art Issues, PTAB News

By Jareli Reynoso Gutierrez and Carl Kukkonen – Recently, the Court of Appeals for the Federal Circuit reversed one and vacated another Patent Trial and Appeal Board (“PTAB”) final written decision in which the PTAB determined that Weber Inc. (“Weber”) failed to...
PTAB Issues Sanctions for Attempted Extortion During “Settlement Negotiations”

PTAB Issues Sanctions for Attempted Extortion During “Settlement Negotiations”

by Lisa Furby | Feb 23, 2024 | PTAB News, PTAB Trial Basics

By Owen Carpenter, Lisa Furby, and Dave Maiorana – Director Vidal recently issued sanctions against OpenSky Industries (“OpenSky”) for attempted extortion during settlement negotiations and abuse of the IPR process for US Patent 7,725,759 and awarded $413,264.15...
When Might a PTAB Rehearing Be Granted?

When Might a PTAB Rehearing Be Granted?

by Matthew Johnson | Feb 21, 2024 | PTAB News, Request for Reconsideration

By Sabrina Bellantoni and Matt Johnson – Recently, the Patent Trial and Appeals Board (“PTAB”) granted a request for rehearing of a decision that denied an institution of inter partes review and then instituted a trial on all the challenged claims on all the...
Director Issues Guidance on Use of AI for Documents Submitted to PTAB

Director Issues Guidance on Use of AI for Documents Submitted to PTAB

by Carl Kukkonen | Feb 15, 2024 | PTAB News

By Carl Kukkonen, Stephanie M. Mishaga, and Pranita Dhungana – USPTO Director Katherine K. Vidal issued guidance on February 6, 2024 regarding the use of AI in drafting materials submitted to the USPTO’s administrative boards, including the PTAB.  Of biggest...
Federal Circuit Affirms Claim Construction and How It Applies

Federal Circuit Affirms Claim Construction and How It Applies

by Matthew Johnson | Feb 8, 2024 | Claim Construction, Federal Circuit, PTAB News

By Luke Cipolla, Matt Silveira, and Matt Johnson – In Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc., the Federal Circuit recently affirmed two PTAB decisions in IPRs filed by Pacific Biosciences of California, Inc. (PacBio) that...
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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.