Informative: How To Sufficiently Show that a Thesis is Publicly Accessible
By Kelsey Nix and Pablo Hendler - As was previously noted here, the PTAB recently designated one decision as precedential and four as informative concerning the necessary showing for proving up a reference as printed publication prior art. Here is an in depth review...
Precedential: Declining To Use Discretion Under § 325(d) And § 314(a)
By Robby Breetz and Matt Johnson - As we noted here, the PTAB recently designated two 35 U.S.C. § 325(d) cases precedential and one informative. Here is an in depth review of the informative decision. On March 24, 2020,the PTAB designated two sections of the Oticon...
PTAB Designates Printed Publication Cases
The PTAB recently designated a number of cases regarding procedures for determining whether a prior art reference is a "printed publication." One opinion regarding the difference in burdens of proving "printed publication" status between examination and IPRs was...
Federal Circuit Grants Arthrex Relief Despite Waiver Arguments
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 not...
Judges Removable-At-Will is Better than No PTAB At All
By Alex Li and Matt Johnson - On March 23, 2020, the Federal Circuit issued a per curiam order denying rehearing and rehearing en banc in Arthrex. See Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140, Order Denying Rehearing and Rehearing En Banc, Dkt. 115. We...