Jones Day Talks: PTAB’s Busy Docket and What’s Changed After SAS Institute
In this podcast, Jones Day’s Dave Cochran and Matt Johnson discuss recent developments in patent litigation and appeals, including the continuing importance of the PTAB as a jurisdiction of first choice for patent disputes in the United States, and the impact of the...
IPR Estoppel Applies Even After A Bench Trial On Validity
Cary Miller, Ph.D., and Jihong Lou, Ph.D. In a recent decision, a district court in the District of Delaware applied estoppel under 35 U.S.C. § 315(e)(2) to a defendant in Hatch-Waxman litigation, two and half years after the court conducted a bench trial on...
Commission Defers to PTAB’s Invalidation of a Single Claim in an Otherwise Blanket Affirmance
By: Yury Kalish and Blaney Harper - The ITC issued a final determination in a long-running dispute between Sony and Fujifilm. Certain Magnetic Tape Cartridges And Components Thereof, Inv. No. 337-TA-1058, Notice Of A Commission Final Determination (March 25, 2019). ...
PTO Issues Guidance On Reissue And Reexam Of AIA-Challenged Claims
By Matt Johnson Further to the PTAB's efforts to improve the ability of patent owners to amend claims in an AIA trial via the Motion to Amend Pilot program, the USPTO recently issued guidance on other avenues for amending claims of patents challenged in AIA trials...
Communications with, and Criticism by, FDA in Analyzing Obviousness
By Cary Miller, Ph.D., and Jihong Lou, Ph.D. On April 26, 2019, the Federal Circuit affirmed three final written decisions of the Patent and Trial Appeal Board (“Board”) in related inter partes reviews (“IPRs”) in which the Board upheld the patentability of all the...