by Albert Liou | Jan 27, 2022 | PTAB News, PTAB Trial Basics
By Albert Liou – On January 14, 2022, the PTAB issued a precedential opinion granting a request for rehearing of a denial of an IPR petition that had previously found a petition to be time-barred because the wire transfer had not been timely paid. Toshiba...
by Matthew Johnson | Jan 11, 2022 | PTAB Trial Basics
By Hannah Mehrle and Matt Johnson – Biofrontera AG (“Petitioner”) filed an unopposed motion to dismiss the petition during the preliminary phase of the proceedings. Here, DUSA Pharmaceuticals, Inc. (“Patent Owner”) had not yet filed a Preliminary Response, and...
by Carl Kukkonen | Jan 4, 2022 | PTAB Trial Basics, Trial Institution
By Carl Kukkonen – On December 14, 2021, the PTAB instituted Post-Grant Review (PGR) for certain claims of U.S. Pat. No. 10,855,671 (the ‘671 Patent) in Netskope, Inc. v. Bitglass, Inc., PGR2021-00091 while, on the same date, denying institution of a PGR for...
by Matthew Johnson | Dec 30, 2021 | PTAB Trial Basics
By Sachin Patel and Matt Johnson – A recent PTAB decision in Sattler Tech Corp. v. Lyu represents an important reminder to carefully review the procedural and substantive requirements for filing a petition for an AIA trial, especially when dealing with...
by Sarah Geers | Dec 21, 2021 | PTAB Trial Basics
By Amanda Simms* and Sarah Geers – Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v....
by Matthew Johnson | Nov 11, 2021 | Final Written Decisions, PTAB Trial Basics
By Evan Jones* and Matt Johnson – On October 26, 2021, Chief Administrative Patent Judge (“APJ”) Boalick lifted a May 1, 2020 stay issued by the PTAB pending the Supreme Court’s consideration of Arthrex in which 103 cases were placed in “administrative...
