USPTO Proposes Expanding Opportunities for Non-Registered Practitioners
By Zachary Marshall-Carter, Daniel Sloan, and Matt Johnson - The PTO has issued a Notice of Proposed Rulemaking regarding who may represent parties in PTAB post-grant trials. The proposal is part of the USPTO’s wider initiative to expand access to practice before the...
PTAB Denies IPR Petition for Failure to Construe Claims
By Lauren Kim and Matt Johnson - The PTAB recently denied 10x Genomics, Inc.’s (Petitioner) IPR petition (IPR2023-01299) against President and Fellows of Harvard College (Patent Owner) challenging claims of U.S. Pat. No. 11,098,303. Patent Owner identified itself and...
En Banc Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness
By John Evans and Jesse Wynn - The en banc Federal Circuit has overruled the Rosen-Durling test for design patent obviousness, holding that the Supreme Court’s KSR decision dictated “a more flexible approach . . . for determining non-obviousness.” LKQ v. GM, ---...
Institution Denied For Lack of Sufficient Structure
By Hannah Mehrle and Matt Johnson - The Board declined to institute inter partes review because Petitioner failed to identify adequate corresponding structure in the challenged patent that performed the function of claim limitation that was to be construed under...
Higher Burden of Demonstrating Public Accessibility of a Reference at Final Decision Stage
By Jennifer Chheda and Daniel Sloan - In denying Petitioner Medivis, Inc.’s (“Medivis”) Request for Rehearing of the Patent Trial and Appeal Board’s (“PTAB”) Final Written Decision (“FWD”) in Medivis, Inc. v. Novarad Corp. inter partes review, the PTAB found that at...