PTAB Will Not Hear AAPA-Basis Grounds
By Emily Tait - In a recent decision invalidating numerous claims of a patent related to cochlear implants for hearing loss, the PTAB found that Petitioner improperly relied on applicant admitted prior art (AAPA) as the “basis” for one asserted ground, and then...
No Do-Overs: PTAB Denies Motion for Sanctions as Untimely
By Albert Liou and Haytham Soliman - In MG Freesites Ltd v. Scorpcast, LLC, the PTAB recently denied a Petitioner’s request to file a Motion for Sanctions for alleged misconduct by the Patent Owner during depositions because the Petitioner did not raise the issue in a...
PTAB Allows Supplemental Information Request To Fly
By Kevin Yang and Joe Sauer - Once the PTAB institutes an IPR, the parties may only add supplemental information to the record by requesting authorization to file a motion to submit the information. See 37 C.F.R. § 42.123 (2022). If authorization is not requested...
Senate Confirms Kathi Vidal as USPTO Director
On April 5, 2022, the Senate confirmed Kathi Vidal as the new Director of the USPTO by voice vote. President Joe Biden nominated Vidal for the post last October. The position had been vacant since Andrei Iancu resigned in January 2021. The duties of the Director...
PTAB Denies Joinder Motion Filed More Than One Month After PGR Institution
By Christian Roberts and Matt Johnson - Typically, a Motion for Joinder to an earlier post-grant review (“PGR”) must be filed within one month of the institution of the earlier PGR. 37 C.F.R. § 42.222(b). While the Patent Trial and Appeal Board (“PTAB”) does have...