by Matthew Johnson | Jul 26, 2023 | Amendment Practice, PTAB News, PTAB Trial Basics
By Alex Li and Matt Johnson – Motions to amend (MTA) are becoming a more frequently used tool for patent owners litigating before the Patent Trial and Appeal Board (PTAB). When a patent is being challenged in an inter partes review (IPR) or post-grant reviews...
by John Marlott | Jun 21, 2023 | PTAB News, PTAB Trial Basics, Trial Institution
By John Marlott and Ryan Mueller – If a PTAB panel finds “compelling merits” of unpatentability when making its initial institution decision, is there any realistic chance that same PTAB panel will reach a different result in the final decision at the conclusion...
by Sarah Geers | Apr 12, 2023 | PTAB News, PTAB Trial Basics
By Sarah Geers and Ashvi Patel – In its second-ever Final Written Decision in a derivation proceeding, the Patent Trial and Appeal Board (“PTAB”) determined that a patent application for a biocidal composition and method of producing said biocidal...
by Matthew Johnson | Apr 7, 2023 | Final Written Decisions, PTAB Trial Basics
By Christian Roberts and Matt Johnson – Petitioners should be cautious of introducing a new theory in a Petitioner Reply before the PTAB. On February 7, 2023, the Patent Trial and Appeal Board (“PTAB”) entered a final written decision declining to find any...
by Matthew Johnson | Mar 30, 2023 | Final Written Decisions, PTAB News, PTAB Trial Basics
By Sue Gerber and Matt Johnson – An IPR “shall be terminated with respect to any petitioner upon the joint request of the petitioner and patent owner, unless the Office has decided the merits of the proceeding before the request for termination is filed.” 35...
by Matthew Johnson | Mar 22, 2023 | PTAB News, PTAB Trial Basics
By Matt Chung and Matt Johnson – On February 24, 2023, Director Kathi Vidal issued a decision under director review granting rehearing and modifying the final written decision for Nested Bean, Inc. v. Big Beings USA Pty. Ltd. Nested Bean, Inc. (“Nested Bean”)...
