by Matthew Johnson | Nov 15, 2019 | Federal Circuit Appeal, PTAB News
By Matt Johnson Following up on a November 4th oral argument (accessible here) that focused on the Arthrex Appointments Clause issue, the Federal Circuit has requested additional briefing from Polaris, Kingston, and the U.S. regarding the proper remedy for the Arthrex...
by Matthew Johnson | Nov 11, 2019 | Federal Circuit, PTAB News
By Nate Andrews and Matt Johnson Judge Dyk and Judge Newman disagree with the Arthrex remedy requiring rehearing. In Arthrex, the Federal Circuit panel of Judges Moore, Reyna, and Chen held the appointment of Administrative Patent Judges (APJs) was an...
by Matthew Johnson | Nov 5, 2019 | Federal Circuit Appeal, PTAB News
By Marlee Hartenstein and Matt Johnson Last Thursday, the Federal Circuit found the appointments of Patent Trial and Appeal judges unconstitutional, in part because the judges do not receive sufficient oversight from the Director of the United States Patent and...
by Matthew Johnson | Nov 1, 2019 | Federal Circuit Appeal, Final Written Decisions, PTAB News
On Thursday, a panel of the Federal Circuit found that PTAB judges have to date been unconstitutional appointments. The panel thinks that it has cured that issue going forward by severing a portion of Title 35 that allows for removal of PTAB judges only for cause....
by Matthew Johnson | Oct 30, 2019 | Amendment Practice, PTAB News
By Phillip S. Beck and Christian Platt On October 21, 2019, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) provided a Notice of Proposed Rulemaking (“NPRM”) concerning their rules of practice in allocating burdens...
by Matthew Johnson | Sep 19, 2019 | PTAB News, PTAB Trial Basics, Trial Institution
By Mike Lavine and Matt Johnson On September 6, 2019, a PTAB panel including USPTO Director Andrei Iancu instituted inter partes review (“IPR”) of U.S. Patent No. 9,279,259 (“the ‘259 Patent”). The ‘259 Patent is directed to a tile lippage removal system and is owned...
