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...
PODCAST – Appointments of PTAB Judges Ruled Unconstitutional – Now What
In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit has held that appointments of Administrative Patent Judges of the PTAB were in violation of the Appointments Clause of the U.S. Constitution. Jones Day's Matt Johnson and Dave Cochran discuss the...