Motion to Amend Available Only For Challenged Claims
By Robby Breetz and Dave Maiorana In Apple v. Uniloc 2017 LLC, [1] the patent owner moved to amend the claims contingent on an unpatentability finding by the Board. The contingent amendment cancelled the original claims and replaced them with a new claim set. The...
Statistics Through November 2019 Include 50% Institution Rate
By Matt Johnson - The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through November 31, 2019) stands at 50% compared to 63% in the previous fiscal year. While a small sample size (88 instituted, 88 denied), this is a number that we will...
Parties, Government Seek Rehearing in Arthrex
By Nate Andrews and Emily Tait - As we have previously discussed on this blog and elsewhere, the Federal Circuit’s decision in Arthrex v. Smith & Nephew has generated significant discussion and controversy in the patent world. On December 16, both parties and the...
PTAB Bar Association – Thought Leader Summit Recap
By Jen Bachorik and Gasper LaRosa - In November, the PTAB Bar Association held its annual Thought Leader Summit. The Summit highlighted recent changes to PTAB practice, with a keynote address from USPTO Director Andrei Iancu. In the opening remarks, Director Iancu...
Timeline of Arthrex Developments
By Nate Andrews, Jasper Tran, and Matt Johnson - The Federal Circuit’s decision in Arthrex v. Smith & Nephew excited and disrupted the patent world. (See, Jones Day Podcast recapping Arthrex decision and fallout.) Inter partes review (IPR) reshaped patent law...