Certain PTAB Due Dates Eligible for Extension Based on COVID-19 Delay
By Matt Johnson - On March 31, 2020, the Patent Office issued a Notice of Waiver of Patent-Related Timing Deadlines under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed by Congress last week. Under the due date modification authority...
Precedential: Two-Part Framework for Applying § 325(d)
By Josh Nightingale 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 a first of the precedential designated decisions. On March 24, 2020, the PTAB designated...
PTAB Designates Two §325(d) Opinions Precedential, One Informative
By Matt Johnson - Last week, the PTAB designated two 35 U.S.C. § 325(d) cases precedential and one informative. These cases discuss the Board’s process for deciding when to use their discretion to deny institution because a Petition raises issues that the Patent...
Judges Disagree on Arthrex, But Rehearing Vote Fails
By Nate Andrews, John Marlott, and Dave Maiorana - On March 23, 2020, the Federal Circuit denied rehearing and rehearing en banc in Arthrex. Arthrex, Inc. v. Smith & Nephew, Inc., No. 18-2140, Order Denying Rehearing and Rehearing En Banc, Dkt. 115. The court...
Arthrex en banc Denied – The Big Picture
By Nate Andrews, John Marlott, and Dave Maiorana On Monday, March 23, 2020, the Federal Circuit denied rehearing and rehearing en banc in the Arthrex appeal that found PTAB ALJs to be unconstitutional appointments. Arthrex, Inc. v. Smith & Nephew, Inc., No....