Director Says Not Filing Mandatory Notices and POPR Does Not Justify Adverse Judgment
By Evan Tassis and Matt Johnson - In a sua sponte Director Review, USPTO Director Vidal vacated an adverse judgement against Patent Owner for Patent Owner’s failure to submit a mandatory notice of information or file a preliminary response to a Petition within the...
No Requirement to Raise All Arguments in Rehearing Request
By Lisamarie LoGiudice, Joe Farley, and Matt Johnson - The Federal Circuit in Voice Tech Corp. v. Unified Patents, LLC, No. 2022-2163 (Fed. Cir. Aug. 1, 2024) (Lourie, Chen, and Cunningham), affirmed the PTAB’s determination that claims of Voice Tech Corp.’s (“Voice...
Federal Circuit Dismisses Appeals As Moot
By Sarah Anwar and Matt Johnson - Koss filed a patent infringement suit against Bose asserting the ’155, ’934, and ’025 patents, after which Bose petitioned for inter partes review of all three patents before the PTAB. The district court case was stayed pending...
PTAB Forgives MTA Procedural Error
By Tova Werblowsky and Matt Johnson - The Federal Circuit affirmed in part, reversed-in-part and remanded-in-part the Board’s decision in the inter partes review of U.S. Patent No. 8,265,096 (the “’096 patent”), and affirmed the Board’s decision as to the cross appeal...
Director Provides Reminders For Obviousness Analysis
By Scott Findley* and Sarah Geers - On July 9, 2024, Director Vidal reversed and remanded a denial of institution of inter partes review (IPR) relating to three Spin Master patents. See Prime Time Toys LLC v. Spin Master, Inc., IPR Nos. 2023-01339, 2023-01348,...