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INFORMATIVE: Conference Paper Public Accessibility – Insufficient Proof

INFORMATIVE: Conference Paper Public Accessibility – Insufficient Proof

by Matthew Johnson | Apr 17, 2020 | Prior Art Issues, PTAB News

By Alex Li and Matt Johnson – As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art.  Here is an in depth...
PRECEDENTIAL: IPRs and Examination have Different Standards for Establishing a Printed Publication

PRECEDENTIAL: IPRs and Examination have Different Standards for Establishing a Printed Publication

by Carl Kukkonen | Apr 14, 2020 | Prior Art Issues, PTAB News

By Carl Kukkonen – As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art.  Here is an in depth review of the...
Informative:  How To Sufficiently Show that a Thesis is Publicly Accessible

Informative: How To Sufficiently Show that a Thesis is Publicly Accessible

by Jones Day's PTAB Team | Apr 13, 2020 | Prior Art Issues, PTAB News

By Kelsey Nix and Pablo Hendler – As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art.  Here is an in depth...
Precedential: Declining To Use Discretion Under § 325(d) And § 314(a)

Precedential: Declining To Use Discretion Under § 325(d) And § 314(a)

by Matthew Johnson | Apr 10, 2020 | 325(d) issues, PTAB News

By Robby Breetz and Matt Johnson – As we noted here, the PTAB recently designated two 35 U.S.C. § 325(d) cases precedential and one informative.  Here is an in depth review of the informative decision. On March 24, 2020,the PTAB designated two sections of the...
Federal Circuit Grants Arthrex Relief Despite Waiver Arguments

Federal Circuit Grants Arthrex Relief Despite Waiver Arguments

by Matthew Johnson | Apr 9, 2020 | Federal Circuit Appeal, PTAB News, Request for Reconsideration

By Mike Lavine and Matt Johnson – On March 30, 2020, the Federal Circuit relied on Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) to vacate and remand several related PTAB decisions, including in proceedings where the patent owner did...
Judges Removable-At-Will is Better than No PTAB At All

Judges Removable-At-Will is Better than No PTAB At All

by Matthew Johnson | Apr 8, 2020 | Federal Circuit Appeal, PTAB News

By Alex Li and Matt Johnson – On March 23, 2020, the Federal Circuit issued a per curiam order denying rehearing and rehearing en banc in Arthrex.  See Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140, Order Denying Rehearing and Rehearing En Banc, Dkt....
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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.