§ 325(d) for § 101 CBM Petition
By: Matt Johnson – The PTAB considers whether a 101 argument in a follow-on petition warrants denial as the same or substantially the same argument previously presented.
PTAB Allows Patent Owner to Stay its Own Reissue Proceeding
By: H. Albert Liou – The PTAB considers a Patent Owner’s motion to stay Patent Owner’s reissue application, which was filed after institution of inter partes review on the same patent.
Claim Constructions Under the Broadest Reasonable Interpretation Standard Must be Reasonable
By: David E. Anderson and Dave Cochran – A Recent Federal Circuit decision considered how reasonable a construction should be under the Broadest Reasonable Interpretation standard.
CBM Filings Trickling As Shutoff Date Approaches
By: Lisa Furby and John Marlott – As the transitional CBM program sunset approaches, discussions in Congress are underway regarding whether to extend the program, meanwhile CBM filings have slowed to a trickle indicating there may be little momentum to continue the program beyond its initial term.
PTAB Finds SAS Decision Constrains Discretion In Follow-On Petitions
By: Susan M. Gerber – In the recent Hulu, LLC v. Sound View Innovations, LLC decision, the PTAB considered the General Plastics factors in view of SAS in deciding whether to institute a follow-on petition challenging claims previously challenged in two IPRS.