by Matthew Johnson | Oct 15, 2025 | 325(d) issues, PTAB News, PTAB Trial Basics, Trial Institution
By Adam Cook, Daniel Sloan, and Matt Johnson – Since the inception of the bifurcated review process at the PTAB, Jones Day has been analyzing every discretionary decision released by the Office. Deputy Director Coke Morgan Stewart continues to be the key...
by Matthew Johnson | Oct 9, 2025 | Claim Construction, District Court, PTAB News, PTAB Trial Basics
By Pranita Dhungana and Matt Johnson – The United States Patent and Trademark Office (USPTO) recently issued a memorandum addressing how the Patent Trial and Appeal Board (PTAB) should handle prior findings of fact and conclusions of law when adjudicating patent...
by Matthew Johnson | Sep 24, 2025 | PTAB News, PTAB Trial Basics
By Kate Meng and Sarah Geers – More than a decade after the enactment of the America Invents Act (AIA), the Federal Circuit has issued its first opinion addressing an AIA derivation proceeding. In Global Health Solutions LLC v. Selner, the court clarified that...
by Matthew Johnson | Sep 16, 2025 | PTAB News, PTAB Trial Basics, Real Party in Interest, Trial Institution
By Sue Gerber and Matt Johnson – Under Section 315(b), an IPR may be dismissed as time barred “if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is...
by Matthew Johnson | Sep 10, 2025 | PTAB News, PTAB Trial Basics, Trial Institution
By Pranita Dhungana and Matt Johnson – The USPTO recently published a new webpage on the Interim Director Discretionary Process, which provides information regarding the bifurcated process for consideration of discretionary denial issues announced in the March...
by Sarah Geers | Aug 29, 2025 | PTAB News, PTAB Trial Basics, Request for Reconsideration, Trial Institution
By Adam Cook and Sarah Geers – For the first time under the bifurcated institution procedures, the Acting Director reversed her own prior discretionary denial, citing changed circumstances based on a settlement in the parallel district court litigation. See Arm...
