by Matthew Johnson | Aug 30, 2023 | PTAB News, Trial Institution
By RJ Shea and Matt Johnson – On July 17, 2023, the Patent Trial and Appeals Board (“PTAB”) exercised its discretion under 35 U.S.C. § 314(a) to deny institution of an inter partes review petition based on the stature of a related U.S. District Court of Delaware...
by Kenneth Luchesi | Aug 28, 2023 | PTAB News, Standing, Trial Institution
By Nick Bagnolo and Kenny Luchesi – The Senate recently introduced a bill directed to substantially narrowing the scope of post grant proceedings, including Inter Partes Reviews (“IPRs”), before the Patent Trial and Appeal Board (“PTAB”). First introduced by a...
by Matthew Johnson | Aug 24, 2023 | Prior Art Issues, PTAB News, PTAB Trial Basics
By Ernie Oleksy,* Robby Breetz, and Matt Johnson – Although provisional applications can be used to secure an earlier date for 102(e), the petitioner bears the burden of production in establishing a prior art date for the asserted prior art. The Patent Trial and...
by Matthew Johnson | Aug 22, 2023 | PTAB News, PTAB Trial Basics
By Amanda Price* and Matt Johnson – In recent decision 3M Company v. Bay Materials, the Board denied 3M Company’s (“Petitioner”) second Petition for inter partes review (“Second Petition”) after exercising its discretion under § 314(a) and finding that each of...
by Matthew Johnson | Aug 18, 2023 | 325(d) issues, Prior Art Issues, PTAB News
By Mike Lavine, Aska Fujimori-Smith,* Jetta Cook, and Matt Johnson – The Patent Trial and Appeal Board (“PTAB” or “Board”) recently denied inter partes review (IPR) of an electrocardiography monitor patent under 35 U.S.C. §325(d), finding that the same or...
by Matthew Johnson | Aug 16, 2023 | PTAB News, Real Party in Interest, Time Limits
By Alexandra Boeriu,* Hannah Mehrle and Matt Johnson – Recently, the PTAB held that Samsung Electronics Co. Ltd. (“Petitioner”), met its burden in showing that a third party (the “Third Party”) was neither a real party-in-interest (“RPI”) nor in privity with...
