by Albert Liou | Jun 14, 2019 | PTAB News
By Albert Liou The PTAB’s recent decision in TicketNetwork, Inc. v. CEATS, Inc. reminds litigants that collateral estoppel only applies when there is an identity of issues. In the decision, the PTAB refused to find that a claim limitation was disclosed by a prior art...
by Matthew Johnson | Jun 10, 2019 | Joinder, PTAB News
By Jihong Lou, Chris Liu, and Matt Johnson Since its inception through the Leahy-Smith America Invents Act (“AIA”), the proper role and function of the Patent Trial and Appeal Board (“PTAB”) of the U.S. Patent and Trademark Office (“PTO”) in adversarial post-grant...
by John Kinton | Jun 4, 2019 | Federal Circuit Appeal, PTAB News
By John Kinton As the sayings go, diligence is the mother of good luck, and necessity is the mother of invention. But for patents that fall under the pre-AIA, first-to-invent, system, proving diligence can be a necessity for invention. In ATI Technologies ULS v....
by Matthew Johnson | May 31, 2019 | PTAB News
By Matt Johnson Institution rates have ticked up while petition filing rates are down slightly so far compared to fiscal year 2018. The running rate for institutions through the first six months of FY 2019 is at 64% compared to 60% in the previous year. Through...
by Greg Castanias | May 10, 2019 | Pharmaceutical, PTAB News
Gregory A. Castanias and Jihong Lou – On April 15, the Supreme Court denied a petition for certiorari filed by Saint Regis Mohawk Tribe, leaving intact the Federal Circuit’s ruling that tribal sovereign immunity does not apply in inter partes reviews. See Saint...
by Matthew Johnson | May 6, 2019 | PTAB News
In this podcast, Jones Day’s Dave Cochran and Matt Johnson discuss recent developments in patent litigation and appeals, including the continuing importance of the PTAB as a jurisdiction of first choice for patent disputes in the United States, and the impact of the...