by Matthew Johnson | Sep 15, 2020 | PTAB News
By Sue Gerber and Matt Johnson – After having to be postponed due to coronavirus concerns, the 2020 PTAB Bar Association Annual Conference has now been rescheduled and is going forward on September 24-25, 2020, with pre-conference sessions being held September...
by Matthew Johnson | Aug 19, 2020 | PTAB News
By Robert M. Breetz, Stephanie M. Brooker, and Matt Johnson – Holding its first mock oral arguments, the PTAB provided LEAP eligible participants with a unique opportunity to argue in front of PTAB judges. On August 7, 2020, mock oral PTAB hearings were held...
by Tom Ritchie | Jul 31, 2020 | Amendment Practice, PTAB News
By Tom Ritchie – The PTAB may sua sponte raise unpatentability grounds based upon the prior art of record when reviewing a motion to amend. Nike, Inc. v. Adidas AG, 955 F.3d 45, 51 (Fed. Cir. 2020). It is now clear, however, that the PTAB will do so only in...
by Matthew Johnson | Jul 30, 2020 | PTAB News
By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through June 30, 2020) stands at 56% (478 instituted, 376 denied) compared to 63% in the previous fiscal year. This lower institution rate compared to prior years, and...
by John Kinton | Jul 16, 2020 | PTAB News
By John Kinton – The Supreme Court recently denied Chrimar Systems, Inc. (Chrimar)’s petition for certiorari seeking to overturn the Federal Circuit’s “Fresenius/Simmons preclusion principle,” under which Chrimar’s district court victory against ALE USA Inc....
by Matthew Johnson | Jul 14, 2020 | PTAB News
By Stephanie M. Brooker and Matthew Johnson – Less experienced patent practitioners may be granted additional oral argument time in front of the Patent Trial and Appeals Board (PTAB) with the Legal Experience and Advancement Program (LEAP). LEAP helps foster...
