PTAB Declines Institution After Discovery of Unnamed Real Party in Interest
By Robby Breetz and Dave Maiorana To institute an inter partes review (IPR), the petition requesting the proceeding must be filed within one year of the petitioner or real party in interest (RPI) receiving a complaint alleging patent infringement. 35 U.S.C. §...
Federal Circuit Says Appointment of PTAB Judges Unconstitutional
By Marlee Hartenstein and Matt Johnson Last Thursday, the Federal Circuit found the appointments of Patent Trial and Appeal judges unconstitutional, in part because the judges do not receive sufficient oversight from the Director of the United States Patent and...
BREAKING: Federal Circuit Finds PTAB Judges Are Unconstituional Appointments
On Thursday, a panel of the Federal Circuit found that PTAB judges have to date been unconstitutional appointments. The panel thinks that it has cured that issue going forward by severing a portion of Title 35 that allows for removal of PTAB judges only for cause....
PTAB Proposes Burden of Persuasion Rules for AIA Amendments
By Phillip S. Beck and Christian Platt On October 21, 2019, the Patent Trial and Appeal Board (“PTAB”) of the United States Patent and Trademark Office (“USPTO”) provided a Notice of Proposed Rulemaking (“NPRM”) concerning their rules of practice in allocating burdens...
NHK § 314(a) Analysis Results in Denial
By Tom Ritchie and Matt Johnson The status of a parallel district court proceeding may provide a basis for the PTAB to deny institution of an IPR pursuant to § 314(a). NHK Spring Co. v. Intri-Plex Techs., Inc., IPR2018-00752, Paper 8 (PTAB Sep. 12, 2018)...