by John Evans, Ph.D. | Jul 19, 2021 | Federal Circuit Appeal, PTAB News
By John Evans, Dave Maiorana, and Steven Nosco* – On June 21, 2021, the Supreme Court issued a decision in U.S. v. Arthrex, holding that PTAB APJs were unconstitutionally appointed because they exercised “principal officer” authority in their final written...
by David Cochran | Jul 15, 2021 | CBMs, Other News, PTAB News
By Andrea Beathard and Dave Cochran – Hot out of the oven! In a rare move, a district court recently gave Domino’s a two-for-one deal on attorney’s fees. In Ameranth, Inc., v. Domino’s Pizza Inc., No. 12CV0733 DMS (WVG), 2021 WL 2550057 (S.D. Cal. June 21,...
by Matthew Johnson | Jul 7, 2021 | PTAB News
By Marlee Hartenstein and Matt Johnson – In its July 1st Boardside Chat, the PTAB discussed the Supreme Court’s recent Arthrex decision and the interim procedure for Director review. The panel included Drew Hirschfeld (Performing the functions and duties of the...
by Matthew Johnson | Jun 30, 2021 | Federal Circuit Appeal, PTAB News
By Matt Johnson – On June 29th, the PTO issued an initial protocol for requesting Director review of a PTAB Final Written Decision according to the Supreme Court’s Arthrex decision. This Arthrex protocol is similar to the current procedure for requesting...
by John Evans, Ph.D. | Jun 29, 2021 | Design Patents, PTAB News
By John Evans and Callan Foran* These days, we generally think about inter partes review as a first option to challenge patentability. Rightly so. But don’t forget about ex parte reexamination (“XPR”). Even in the IPR era, patent challengers are still successfully...
by Greg Castanias | Jun 23, 2021 | PTAB News
By Greg Castanias, Dave Cochran, Steph Mishaga, and Alex Chung – In United States v. Arthrex Inc., the U.S. Supreme Court agreed with the Federal Circuit that the pre-Arthrex Patent Trial and Appeal Board (PTAB) regime of Administrative Patent Judge decisions...
