by Matthew Johnson | Jun 2, 2020 | Evidentiary Issues, PTAB News, PTAB Trial Basics, Trial Institution
By Christian Roberts* and Matt Johnson – On May 27, 2020, the USPTO announced a notice of proposed rulemaking that would affect IPR, PGR and CBM proceedings. Most significantly, the proposed rules would eliminate the presumption in favor of petitioners for...
by Pablo Hendler | May 26, 2020 | PTAB News
By Pablo Hendler – In its May 13, 2020 decision in VirnetX Inc. v. Cisco Systems, Inc., the Federal Circuit confirmed that Arthrex applies to not only IPRs, but also inter partes reexaminations, if not all proceedings before the PTAB, explaining that if PTAB...
by John Marlott | May 13, 2020 | Federal Circuit Appeal, PTAB News
By Nate Andrews, John Marlott, Dave Maiorana, and John Evans On May 5, 2020 the Federal Circuit formally barred petitioners from seeking Arthrex remands. The Court issued a precedential order clarifying that only qualifying patent owners may seek the Arthrex remedy. ...
by Pablo Hendler | May 12, 2020 | Federal Circuit Appeal, PTAB News
By Pablo Hendler – On May 1, 2020, the PTAB’s Chief Administrative Patent Judge Scott R. Boalick issued a General Order holding in administrative abeyance more than 100 matters and “any other matters remanded by the Federal Circuit under Arthrex.” As was...
by Matthew Johnson | May 1, 2020 | PTAB News
By Jasper L. Tran, Cameron Baker, and Matt Johnson – As fewer cases go to trial nowadays, judges have long been mindful of providing young lawyers with “stand-up” opportunities. For example, Judge William Alsup of the Northern District of California, in his...
by Matthew Johnson | Apr 23, 2020 | Federal Circuit Appeal, PTAB News, Time Limits
By Sue Gerber and Matt Johnson – This week, the United States Supreme Court interpreted the scope of the AIA’s “no appeal” provision found in 35 U.S.C. § 314(d) (“Section 314(d)”). Thryv, Inc. v. Click-to-Call Techs, L.P., No. 18-916, 2020 WL 1906544 (Apr. 20,...
