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...
by John Marlott | Jul 6, 2020 | PTAB News
By Nate Andrews, John Marlott, and Dave Maiorana – The United States petitioned the Supreme Court for certiorari in Arthrex. Cert. Pet., No. 19-1434 (June 25, 2020). Two additional petitions for writs of certiorari have been filed, one by Arthrex and one by...
by John Marlott | Jun 22, 2020 | PTAB News, Trial Institution
By Chris Liu and John Marlott – If the PTAB judges who denied institution of an IPR were unconstitutionally appointed under Arthrex at the time they issued that decision, does the petitioner get a second chance with a new panel of different PTAB judges? As we...
