PTAB Statistics Through Eleven Months of FY2022
By Matt Johnson – The institution rate for post-grant petitions in FY 2022 through the end of August 2022 (Oct. 1, 2021 through August 31, 2022) stands at 66% (706 instituted, 366 denied) compared to 59% in the previous fiscal year. The Patent Office notes that on a...
Experts and Expert Testimony in PTAB Proceedings
By Stephanie Mishaga and Matt Johnson - In a recent Boardside Chat webinar, a panel made up of PTAB judges and practicing attorneys discussed the use of experts and expert testimony in American Invents Act (AIA) proceedings. The panelists stressed that well-prepared...
Error Apparent? Federal Circuit Tackles Obvious Errors in Prior Art
By Sean Benevento, Mike Lavine, and Matt Johnson - In LG Electronics v. Immervision, the Federal Circuit clarified the standard for evaluating whether a prior art reference includes an obvious typographical error. See 39 F.4th 1364, 1365 (Fed. Cir. 2022). Under this...
Lessons Learned: Director Emphasizes Patent Quality in Evaluating General Plastic Factors
By Emily Tait - In the precedential decision Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017), the PTAB articulated seven non-exclusive factors to be considered before discretionarily denying a subsequent IPR petition...
Patent Owner Unable To Dodge PGR Due To Inadequate Written Description
By David Linden and Dave Maiorana - U.S. Patent No. 9,157,017 (“the ’017 Patent”) is assigned to Honeywell International Inc. (“Honeywell”) and is titled, “Compositions Containing Fluorine Substituted Olefins and Methods and Systems Using Same.” The detailed...