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Spoonful of Commercial Success Overcomes Obviousness Rejection

Spoonful of Commercial Success Overcomes Obviousness Rejection

by Carl Kukkonen | Jun 17, 2022 | Other News, PTAB News

By Christopher Dorsett,* Stephanie Mishaga, and Carl Kukkonen – The Patent Trial and Appeal Board (PTAB) recently reversed obviousness rejections based on an Applicant demonstrating commercial success of an infant spoon, in Ex Parte Doug Gonterman and Jessica...
Legislation: PTAB Reform Act of 2022

Legislation: PTAB Reform Act of 2022

by Matthew Johnson | Jun 17, 2022 | PTAB News, Trial Institution

By Matt Johnson – On June 16, Senators Leahy, Cornyn, and Tillis introduced the PTAB Reform Act of 2022.  The full text of the bill is available here.  And a section-by-section recap is accessible here. Senator Leahy said:  “I’m proud to continue the work of...
Recap: Post-Arthrex Director Reviews State of Play

Recap: Post-Arthrex Director Reviews State of Play

by Matthew Johnson | Jun 10, 2022 | Final Written Decisions, PTAB News, Request for Reconsideration

By Ben Baek,* Mike Lavine, and Matt Johnson – In a previous post from July 2021, we discussed the interim process for Director review in PTAB proceedings post-Arthrex. Since then, only three out of over 175 requests for Director review of a Final Written...
Patent Office Interim Process Aimed To Improve Consistency

Patent Office Interim Process Aimed To Improve Consistency

by Matthew Johnson | Jun 7, 2022 | PTAB News

By Sue Gerber and Matt Johnson – On May 26, 2022, the Patent Office issued its “Interim Process for PTAB Decision Circulation And Internal PTAB Review”.  The Office issued the Process to explain its new procedures for circulating pre-issuance decisions, which...
Claim Construction Clash Leads to Invalidity Reprieve

Claim Construction Clash Leads to Invalidity Reprieve

by Matthew Johnson | Jun 3, 2022 | Claim Construction, District Court, PTAB News

By Anthony Bautista and Matt Johnson – In XR Communications, LLC v. D-Link Systems, Inc. Et. Al., a judge in the Central District of California found that certain asserted claims claiming to wireless communication technology were barred by the doctrine of...
Fintiv Discretionary Denials Remain In Play

Fintiv Discretionary Denials Remain In Play

by Matthew Johnson | Jun 2, 2022 | PTAB News, Trial Institution

By Hannah Mehrle and Matt Johnson – F5 Networks, Inc. (“Petitioner”) filed a Petition requesting an IPR.  WSOU Investments, LLC d/b/a/ Brazos Licensing and Development (“Patent Owner”) filed a Preliminary Response.  Here, the PTAB exercised its discretion under...
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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.