by Matthew Johnson | Jul 23, 2019 | Amendment Practice, Claim Construction, PTAB News, PTAB Trial Basics
By Catharina Chin Eng and Matt Johnson On July 15, 2019, the USPTO’s Patent Trial and Appeal Board (PTAB) published a second update to the AIA Trial Practice Guide (TPG) (“2nd Update”), providing additional guidance for trial practice before the Board. The original...
by Carl Kukkonen | Jul 22, 2019 | Evidentiary Issues, PTAB News
By Carl Kukkonen The PTAB panel in Focal Therapeutics, Inc. v. SenoRx, Inc., Case IPR2014-00116 (PTAB July 21, 2014) (Paper 19), provided certain clarifications with regard to the ability to confer with witnesses during examination. This clarification was in response...
by Doug Pearson | Jul 18, 2019 | PTAB News
By Doug Pearson The institution rate for post-grant challenges in current FY 2019 (Oct. 1, 2018 through May 31, 2019) stands at 63% compared to 60% in the previous fiscal year. Through May FY 2019, 957 IPR petitions, 38 PGR petitions, and 22 CBM petitions have been...
by Matthew Johnson | Jul 17, 2019 | PTAB News
By Cathy Chin Eng and Matt Johnson Relying on 35 U.S.C. § 314(a), the Patent Trial and Appeal Board has articulated its reluctance to review “follow-on” petitions challenging the validity of patents that have been previously subjected to inter partes review. As...
by Matthew Johnson | Jul 16, 2019 | PTAB News
The USPTO has published a second update to the AIA Trial Practice Guide (TPG) containing additional guidance about trial practice before the Board. The USPTO published the original TPG in August 2012, concurrent with the promulgation of the AIA Trial Rules. A first...
by Matthew Johnson | Jul 10, 2019 | PTAB News
By Alex Li and Matt Johnson On July 2, 2019, Judge Cote of the Southern District of New York issued an opinion that denied a motion for a preliminary injunction ordering the defendant to withdraw its petitions for inter parties review (“IPR”) at the Patent Trial and...
