Update: Parties, Government Seek Rehearing in Arthrex
By Nate Andrews and Emily Tait - January 17 Update: On January 17, each of the parties filed responses to the rehearing petitions, linked here: Government Response, Appellant Arthrex's Response, Appellee Smith & Nephew's Response As we have previously discussed...
Updates on Arthrex Developments
By Nate Andrews, Jasper Tran, and Matt Johnson - The Federal Circuit and the patent world continue to grapple with the court’s decision in Arthrex v. Smith & Nephew. Since our last updates, the parties in Arthrex and other cases have continued the push for en...
Practice Tool: PTAB Publishes Consolidated Practice Guide
In November 2019, the United States Patent and Trademark Office published a second edition of the America Invents Act (AIA) Trial Practice Guide (Practice Guide) to incorporate the Practice Guide updates released in August 2018 and July 2019 into the original August...
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...