Jones Day’s PTAB Litigation Blog – The Story and Rationale
Jones Day's PTAB Litigation Blog launched August 19, 2015. 428 posts later, it has become one of the most widely recognized and read PTAB practice blogs in existence. Jones Day partners Dave Cochran and Matt Johnson talk about the history and rationale for the blog...
Decision to Deny Institution not Reviewable Despite Prior PTAB Trial
By Marc Blackman In a split decision, the Federal Circuit dismissed three consolidated appeals holding that the PTAB’s decisions to deny institution were not appealable even though the PTAB previously had instituted the IPRs and proceeded through trial. BioDelivery...
Federal Court Relies on PTAB Findings in Denying Section 101 Summary Judgment Motion
By Olivia Pedersen and Dave Maiorana Despite the prohibition on patenting "abstract ideas" and the tendency of computer software claims to fall into that category, claims directed at improving faulty software systems may still be patentable if they encompass an...
IPR Time Bar Triggered Even If Party Serving Complaint Lacks Standing
By Tom Ritchie and Matt Johnson The PTAB Precedential Opinion Panel (“POP”) has concluded that the one-year time bar for filing an IPR petition under 35 U.S.C. § 315(b) is triggered by the service of a complaint alleging infringement even if “the serving party lacks...
325(d) And Printed Publication Issues Doom Petition
By John Evans and Dave Cochran The most persuasive IPR petitions offer fresh unpatentability theories never considered before. But petitions that simply repackage old issues often don’t gain traction. So, when you’re citing prior art that was before the Examiner...