Sunset for CBMs
By John Marlott - The Transitional Program for Covered Business Method (“CBM”) Review is quietly coming to an end on September 16, 2020, after eight years. The CBM program, which Congress created as a streamlined and temporary method for weeding out low-quality...
Black Box Structure Insufficient for MPF Element
By Marlee Hartenstein and Matt Johnson - In Samsung Elecs Co., Ltd., et al. v. Cellect, LLC, IPR2020-00474, Paper 14 (P.T.A.B. Aug. 17, 2020), the PTAB denied institution of U.S. Patent No. 6,982,740 (“the ʼ740 patent”), finding that the specification did not...
PTAB Releases Update to Motion to Amend Study
The Patent Trial and Appeal Board (PTAB) has published the sixth installment of its Motion to Amend Study. The study tracks and analyzes all motions to amend filed in America Invents Act trials, including pilot motions, through the end of March 2020. This installment...
PTAB Holds Mock Oral Arguments for LEAP Attorneys
By Robert M. Breetz, Stephanie M. Brooker, and Matt Johnson - Holding its first mock oral arguments, the PTAB provided LEAP eligible participants with a unique opportunity to argue in front of PTAB judges. On August 7, 2020, mock oral PTAB hearings were held...
Balance is Key in Design Patent Claim Drafting
By Clarissa Sullivan and John Evans The Patent Trial and Appeal Board recently designated as informative its decision instituting post-grant review and addressing the issues of design patent functionality in Sattler Tech Corp. v. Humancentric Ventures, LLC. No....