Alice at Five
By Jasper Tran, Sean Benevento,* Dave Cochran, and Matt Silveira Jones Day recently published a recap of aftermath of the Supreme Court's Alice decision across patent jurisdictions, including the PTAB, in the PatentlyO Law Journal. This paper updates the statistics...
Federal Circuit Requests Additional Arthrex Appointments Clause Briefing
By Matt Johnson Following up on a November 4th oral argument (accessible here) that focused on the Arthrex Appointments Clause issue, the Federal Circuit has requested additional briefing from Polaris, Kingston, and the U.S. regarding the proper remedy for the Arthrex...
Motion To Strike Invalidity Defense Denied… For Now
By Amanda Leckman and Matt Johnson On February 28, 2019, GREE, Inc. (“GREE”) filed a Complaint against Supercell Oy (“Supercell”) for patent infringement of U.S. Patent No. 9,597,594 (the “’594 Patent”), directed to a method for controlling a computer to improve the...
Judge Dyk Says Arthrex Remedy is Unnecessary
By Nate Andrews and Matt Johnson Judge Dyk and Judge Newman disagree with the Arthrex remedy requiring rehearing. In Arthrex, the Federal Circuit panel of Judges Moore, Reyna, and Chen held the appointment of Administrative Patent Judges (APJs) was an...
Privacy Management Patent Invalidated as Abstract in Post Grant Review
By Austin Ball and Matt Johnson On October 10, 2019, the Patent Trial and Appeal Board (“PTAB”) issued a Final Written Decision in favor of Avepoint, Inc. (“Avepoint”) and against Onetrust, LLC (“Onetrust”) in an America Invents Act post grant review (“PGR”) of...