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...
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...
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...
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...
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....
by Matthew Johnson | Apr 7, 2020 | Federal Circuit Appeal, PTAB News
By Steph Brooker and Matt Johnson – The Court of Appeals for the Federal Circuit (CAFC) has denied the United States Patent and Trademark Office’s (USPTO) unopposed motion to stay its mandate issued in Arthrex. The USPTO filed its motion seeking a 90 day stay...
