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...
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....