Design Patents at PTAB – Substantially the Same vs Basically the Same
By John Evans and Kerry Barrett The PTAB’s recent decision instituting post-grant review of a design patent in Man Wah Holdings Ltd. v. Raffel provides interesting perspectives on how design patent invalidity theories work. This decision highlights the subtle...
Trial Practice Guide Updates – Discovery, Testimony, Motions to Amend, and Joinder
By Catharina Chin Eng and Matt Johnson Our prior post on the PTAB’s second update to the AIA Trial Practice Guide (TPG), published July 15, 2019, highlighted the additional guidance provided for petitions, patent owner preliminary responses and claim construction. ...
Trial Practice Guide Updates – Multiple Petitions, Claim Construction, and PO Testimonial Evidence
By Catharina Chin Eng and Matt Johnson On July 15, 2019, the USPTO’s Patent Trial and Appeal Board (PTAB) published a second update to the AIA Trial Practice Guide (TPG) (“2nd Update”), providing additional guidance for trial practice before the Board. The original...
Precedential PTAB Order Addresses Witness Examination
By Carl Kukkonen The PTAB panel in Focal Therapeutics, Inc. v. SenoRx, Inc., Case IPR2014-00116 (PTAB July 21, 2014) (Paper 19), provided certain clarifications with regard to the ability to confer with witnesses during examination. This clarification was in response...
PTAB FY 2019 Statistics Through May
By Doug Pearson The institution rate for post-grant challenges in current FY 2019 (Oct. 1, 2018 through May 31, 2019) stands at 63% compared to 60% in the previous fiscal year. Through May FY 2019, 957 IPR petitions, 38 PGR petitions, and 22 CBM petitions have been...