by John Marlott | Jul 5, 2023 | Estoppel, Federal Circuit Appeal, PTAB News
By John Marlott and John Wright – The Supreme Court will not consider a challenge to the proper scope of AIA statutory estoppel, leaving the Federal Circuit’s governing interpretation in place. The Court’s June 26, 2023 order list denied the pending petition for...
by Matthew Johnson | Jun 29, 2023 | PTAB News, Trial Institution
By Kyle Perisutti*, Robby Breetz, and Matt Johnson – The PTAB recently exercised its discretion under 35 U.S.C. § 314 to deny institution of inter partes review for inefficient use of the PTAB’s time and resources notwithstanding that the petitioner met the...
by John Marlott | Jun 23, 2023 | Amendment Practice, PTAB News
By John Wright and John Marlott – The USPTO continues to seek public feedback on PTAB procedures and potential rule changes. In addition to soliciting comments on the many proposed rule changes announced on April 21, 2023, the USPTO also recently issued a...
by John Marlott | Jun 21, 2023 | PTAB News, PTAB Trial Basics, Trial Institution
By John Marlott and Ryan Mueller – If a PTAB panel finds “compelling merits” of unpatentability when making its initial institution decision, is there any realistic chance that same PTAB panel will reach a different result in the final decision at the conclusion...
by Matthew Johnson | Jun 16, 2023 | PTAB News
By Evan Tassis and Matt Johnson – In a rare exercise of authority, the PTAB issued sanctions against a Patent Owner for failure to meet its duty of candor and good faith by withholding information relevant to the patentability of challenged and substitute claims...
by Matthew Johnson | Jun 7, 2023 | PTAB News
By Stephanie Mishaga, Emily Towers, and Matt Johnson – The USPTO issued an advance notice of proposed rules (“ANPRM”) on April 21, 2023 and is requesting comments and feedback from practitioners on proposed, proposed changes at the PTAB. The full ANPRM document...
