by Kenneth Luchesi | Feb 21, 2020 | PTAB News
By Kenny Luchesi – On remand from the Federal Circuit, the PTAB ruled that a patentee’s certificate of correction—issued after the Board invalidated the claims in a final written decision—could not be applied retroactively. After the IPR petition was filed, the...
by Matthew Johnson | Feb 13, 2020 | PTAB News
By Mike Lavine and Matt Johnson – On January 31, 2020, the Federal Circuit vacated and remanded a Patent Trial and Appeal Board (“PTAB”) final written decision in view of Arthrex, but did so reluctantly because it disagreed with the merits and questioned the...
by Matthew Johnson | Feb 10, 2020 | PTAB News
By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through December 31, 2019) stands at 55% compared to 63% in the previous fiscal year. While a small sample size (138 instituted, 113 denied), this is a number that we...
by Matthew Johnson | Jan 21, 2020 | Evidentiary Issues, Petitions, PTAB News
By Alex Li and Matt Johnson – A petition to institute an inter partes review (IPR) can only be filed on the basis of prior art consisting of patents and printed publications. But what makes a reference a “printed publication”? On December 20, 2019, the...
by Matthew Johnson | Jan 20, 2020 | Federal Circuit Appeal, PTAB News
By Nate Andrews and Emily Tait – January 17 Update: On January 17, each of the parties filed responses to the rehearing petitions, linked here: Government Response, Appellant Arthrex’s Response, Appellee Smith & Nephew’s Response As we have...
by Matthew Johnson | Jan 17, 2020 | PTAB News
By Nate Andrews, Jasper Tran, and Matt Johnson – The Federal Circuit and the patent world continue to grapple with the court’s decision in Arthrex v. Smith & Nephew. Since our last updates, the parties in Arthrex and other cases have continued the push for...
