by Greg Castanias | May 14, 2021 | PTAB News
By Greg Castanias and Matt Johnson – In Carr v. Saul, the U.S. Supreme Court unanimously held that a party can raise a challenge under the Constitution’s Appointments Clause to an Administrative Law Judge’s (“ALJ”) decision, even if the...
by John Evans, Ph.D. | Apr 29, 2021 | Design Patents, PTAB News
By John Evans and Hannah Mehrle – On April 15, 2021, the PTAB issued a Final Written Decision in the LKQ Corp. case finding a design patent claiming a vehicle fender panel unpatentable as obvious. IPR2020-00064, Paper No. 39 (Apr. 15, 2021). The obviousness...
by Matthew Johnson | Apr 20, 2021 | PTAB News
By Matt Johnson – The institution rate for post-grant challenges in current FY 2021 (Oct. 1, 2020 through Feb. 28, 2021) stands at 61% (305 instituted, 198 denied) compared to 56% in the previous fiscal year. This rate is more consistent with FY 2017-2019, where...
by Matthew Johnson | Mar 25, 2021 | PTAB News, Trial Institution
Partners Matt Johnson and Sarah Geers talk about former USPTO Director Andrei Iancu’s impact on the PTAB, and what we might expect from a new director under the Biden Administration. They also comment on why patent litigation filings remained active during...
by Matthew Johnson | Mar 23, 2021 | Discovery, PTAB News
By Alex Li and Matt Johnson – Depositions for proceedings before the Patent Trial and Appeal Board (PTAB) are usually taken in the U.S. See 37 C.F.R. § 42.53(b)(2), (b)(3). Furthermore, many foreign jurisdictions have restrictions on taking depositions within...
by Michael Oblon | Mar 16, 2021 | PTAB News, Trial Institution
By Nick Bagnolo and Michael Oblon – Since the PTAB designated Apple v. Fintiv precedential, the six-factor, “holistic” test has been increasingly used to discretionarily deny institution of petitions challenging claims already subject to parallel litigation...
