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PTAB’s Bait-and-Switch Violated the APA

PTAB’s Bait-and-Switch Violated the APA

by Sarah Geers | Sep 28, 2021 | Federal Circuit, Federal Circuit Appeal, Petitions, PTAB News

By Lisa Furby and Sarah Geers – In Baker Hughes Oilfield v. Hirshfeld, the Federal Circuit held that the PTAB violated the Administrative Procedure Act (“APA”) by finding certain instituted claims obvious on grounds it had indicated in its institution that it...
PGR Eligibility: An Uphill Climb For Transition Patents

PGR Eligibility: An Uphill Climb For Transition Patents

by Matthew Johnson | Aug 31, 2021 | Claim Construction, Petitions, PGR, PTAB News

By Sue Gerber and Matt Johnson – A patent is eligible for post-grant review (“PGR”) only if the patent is subject to the first-inventor-to-file provisions of the AIA.  In Tricam Indus., Inc. v. Little Giant Ladder Sys., LLC, the PTAB explained that determining...
PTAB Bar Association Launches Portal for Precedential Decision Nomination

PTAB Bar Association Launches Portal for Precedential Decision Nomination

by Matthew Johnson | Aug 27, 2021 | PTAB News

The PTAB’s Standard Operating Procedure 2 permits the public to submit nominations for PTAB decisions that an individual believes should be designated as precedential or informative, or to suggest that a decision previously designated as precedential or informative...
PTAB Denies Patent Owner’s Last-Minute Discovery Request

PTAB Denies Patent Owner’s Last-Minute Discovery Request

by Carl Kukkonen | Aug 16, 2021 | Discovery, Motions Practice, PTAB News, Real Party in Interest

By Carl Kukkonen – In Unified Patents, LLC f/k/a Unified Patents Inc. v. Electronics and Telecommunications Research Institute (IPR2021-00827), the PTAB denied a patent owner’s request to file a motion for additional discovery into any real...
NEWS: USPTO Issues First Director Review Decisions

NEWS: USPTO Issues First Director Review Decisions

by Matthew Johnson | Aug 3, 2021 | PTAB News

By Matt Johnson – On July 6th and 7th, the USPTO made good on its promise to not wait for a confirmed director to begin Arthrex Director reviews, issuing its first denials of review requests.  The full press release is below:   USPTO issues first Director...
District Court Highlights Prior PTAB Invalidation

District Court Highlights Prior PTAB Invalidation

by Josh Nightingale | Aug 2, 2021 | PTAB News

By Zach Sharb and Josh Nightingale – On May 26, 2021, the United States District Court for the Western District of Washington denied both defendant Valve Corporation’s (“Valve”) motion for judgment as a matter of law or a new trial, and plaintiff Ironburg...
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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.