Federal Circuit Provides Guidance on Section 101 and CBMs
By Dave Maiorana On Thursday, the Federal Circuit issued a precedential decision in Trading Technologies International, Inc. v. IBG Interactive Brokers, LLC, No. 17-2257 (Fed. Cir. Apr. 18, 2019), that provides another data point on how CBM review works. Perhaps more...
PTAB Statistics Through First Half of FY 2019
By Matt Johnson Institution rates have ticked up while petition filing rates are even over fiscal year 2018. The running rate for institutions through the first six months of FY 2019 is at 64% compared to 60% in the previous year. Through March 2019, 763 IPR...
PTAB Designates Trial Institution Discretion Cases Informative
By Kerry Barrett and Dave Maiorana On April 5, 2019, the PTAB designated as informative two decisions relating to 35 U.S.C. § 314(a): IPR2018-00923, Paper 9 (Nov. 7, 2018) (designated: Apr. 5, 2019) [AIA § 314(a), insufficient number of proposed grounds/challenges to...
PTAB Issues Fifth Installment Of Its Motion To Amend Study
By Emily Tait On March 13, 2019, the PTAB issued the fifth installment of its ongoing Motion to Amend Study, which tracks and analyzes motions to amend filed in AIA trials through September 30, 2018 (end of Fiscal Year 2018). The data collected by the Board includes:...
Precedential Opinion Panel On Printed Publications
By Dave Cochran Inter Partes review can only be based on prior art consisting of patents or printed publications. 35 USC 311(b). Patents are easy to spot because they are issued by a governmental authority of some sort, but whether something is a “printed...