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PTO Codifies Scope of Director Review in Final Rule

PTO Codifies Scope of Director Review in Final Rule

by Matthew Johnson | Oct 17, 2024 | PTAB News

By Evan Tassis and Matt Johnson – On September 30, 2024, the USPTO issued a final rule governing the process for Director Review of proceedings under the AIA.  This formalized the USPTO’s interim Director Review procedures implemented by the USPTO following the...
PTAB Deems Rule Set File A Printed Publication

PTAB Deems Rule Set File A Printed Publication

by Carl Kukkonen | Oct 9, 2024 | Prior Art Issues, PTAB News

By Carl Kukkonen – The Patent Trial and Appeal Board (PTAB) in an inter partes review: Keysight Technologies, Inc. and Palo Alto Networks, Inc. v. Centripetal Networks, LLC found a rule set file used by a network security program to be a “printed publication”...
PTO Promotes Judicial Independence in Final PTAB Rule

PTO Promotes Judicial Independence in Final PTAB Rule

by Matthew Johnson | Oct 4, 2024 | PTAB News

By Lauren Kim and Matt Johnson – On June 12, 2024, the USPTO issued a final rule governing the pre-issuance circulation and review of decisions within the PTAB. This formalized current USPTO procedures within the Standard Operating Procedure (SOP4) adopted on...
Director Vacates Decision Based on Improper Claim Construction

Director Vacates Decision Based on Improper Claim Construction

by Matthew Johnson | Oct 3, 2024 | Claim Construction, PTAB News, Trial Institution

By Hannah Mehrle and Matt Johnson – The PTAB denied institution of inter partes review reasoning that Petitioner did not demonstrate a reasonable likelihood that Petitioner would prevail in establishing the unpatentability of any of the challenged claims.  The...
PTAB Issues First Post-LKQ Design Patent Decision

PTAB Issues First Post-LKQ Design Patent Decision

by John Evans, Ph.D. | Sep 27, 2024 | Design Patents, Prior Art Issues, PTAB News

By Connor Scholes and John Evans – On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024)...
Lack of Injury In Fact Scuttles Appeal

Lack of Injury In Fact Scuttles Appeal

by Matthew Johnson | Sep 25, 2024 | Federal Circuit Appeal, PTAB News, Standing

By Lexi Heon, Lisamarie LoGiudice, and Matt Johnson – The Federal Circuit dismissed Platinum Optics Technology Inc.’s (PTOT) appeal from an IPR decision, finding the challenged claims of Viavi’s U.S. Patent No. 9,354,369 not unpatentable, because PTOT failed to...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.