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Panel Grants Rehearing and Reverses Itself On Patentability

Panel Grants Rehearing and Reverses Itself On Patentability

by Lisa Furby | Feb 9, 2023 | Prior Art Issues, Request for Reconsideration

By Ryan Mueller and Lisa Furby – On January 10, 2023, a PTAB panel granted a Petitioner’s Request for Rehearing of Final Written Decision and, contemporaneously, issued a revised Final Written Decision in Unified Patents, LLC, v. 2BCom, LLC, IPR2020-00996,...
Recap: Post-Arthrex Director Reviews State of Play

Recap: Post-Arthrex Director Reviews State of Play

by Matthew Johnson | Jun 10, 2022 | Final Written Decisions, PTAB News, Request for Reconsideration

By Ben Baek,* Mike Lavine, and Matt Johnson – In a previous post from July 2021, we discussed the interim process for Director review in PTAB proceedings post-Arthrex. Since then, only three out of over 175 requests for Director review of a Final Written...
Fintiv Revisited—District Court Transfer Results in Institution Reversal

Fintiv Revisited—District Court Transfer Results in Institution Reversal

by David Maiorana | Feb 15, 2022 | Request for Reconsideration, Trial Institution

By David Linden and Dave Maiorana – In November 2020, Google LLC filed two petitions requesting an inter partes review of the claims of Ikorongo Technology LLC (“Ikorongo”) owned U.S. Patent No. 8,874,554 (“the ’554 patent”).  Separate petitions were filed to...
PTAB News: First Arthrex Director Review Granted

PTAB News: First Arthrex Director Review Granted

by Joseph Beauchamp | Dec 14, 2021 | PTAB News, Request for Reconsideration

By Alison Ibendahl and Joe Beauchamp – In a recent decision, Commissioner Andrew Hirschfeld, who is currently performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, issued the first...
PTAB Allows Input on POP Review Requests Using Online Form

PTAB Allows Input on POP Review Requests Using Online Form

by Matthew Johnson | Nov 19, 2020 | PTAB News, Request for Reconsideration

By Matt Johnson – The PTAB has added an online form to the USPTO website that allows the submission of an amicus request addressing a pending request for Precedential Opinion Panel (POP) review.  This form will enable interested parties to provide fast input on...
Federal Circuit Grants Arthrex Relief Despite Waiver Arguments

Federal Circuit Grants Arthrex Relief Despite Waiver Arguments

by Matthew Johnson | Apr 9, 2020 | Federal Circuit Appeal, PTAB News, Request for Reconsideration

By Mike Lavine and Matt Johnson – On March 30, 2020, the Federal Circuit relied on Arthrex, Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019) to vacate and remand several related PTAB decisions, including in proceedings where the patent owner did...
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