by Matthew Johnson | Feb 10, 2022 | Federal Circuit, Prior Art Issues, PTAB News
By Robby Breetz, Christian Roberts, and Matt Johnson – Section 311(b) limits inter partes review to “ground[s] that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications.” 35 U.S.C. § 311(b)...
by Joseph Beauchamp | Feb 8, 2022 | District Court, PTAB News
By Alison Ibendahl and Joe Beauchamp – * The Federal Circuit has just issued an additional decision in this dispute today. We will cover that development further shortly. In a recent decision, the Patent Trial and Appeals Board granted institution of inter...
by Albert Liou | Jan 27, 2022 | PTAB News, PTAB Trial Basics
By Albert Liou – On January 14, 2022, the PTAB issued a precedential opinion granting a request for rehearing of a denial of an IPR petition that had previously found a petition to be time-barred because the wire transfer had not been timely paid. Toshiba...
by Matthew Johnson | Jan 14, 2022 | PTAB News
By Matt Johnson – The institution rate for post-grant petitions in FY 2022 through the end of November 2021 (Oct. 1, 2021 through Nov. 30, 2021) stands at 66% (138 instituted, 71 denied) compared to 59% in the previous fiscal year. The Patent Office notes that on a...
by John Marlott | Dec 28, 2021 | PGR, PTAB News
By John Marlott – PGR petition filings were up slightly over the prior USPTO fiscal year, but the long-term historical trend continues to show that PGR challenges remain relatively infrequent. We recently reported on the PTAB’s release of its final statistics...
by Josh Nightingale | Dec 17, 2021 | PTAB News
By Evan Jones* and Josh Nightingale – On November 18, 2021, the Commissioner for Patents and acting Director of the USPTO, Andrew Hirshfeld, issued the second order granting a Petition for Director Review since the interim Director Review process was implemented...
