Third Post-Arthrex Grant of Director Review Issued
By Jareli Reynoso Gutierrez and Matt Johnson - On March 3, 2022, Andrew Hirshfeld, the Commissioner for Patents and acting Director of the USPTO, issued the third post-Arthrex grant of Director Review for two separate Final Written Decisions issued by the PTAB based...
Appeal of IPR Termination Dismissed by Split Federal Circuit Panel
By Carl Kukkonen - The Federal Circuit, in Atlanta Gas Light Co. v. Bennett Regul. Guards, Inc., 21-1759, in an opinion by Judge STOLL, dismissed Atlanta Gas’s appeal for lack of jurisdiction. In this case, Atlanta Gas filed an IPR which was instituted and litigated...
Section 316(a)(11) Time Limits Do Not Apply Beyond First FWD
By Haytham Soliman and Matt Johnson - In Laboratoire Francais du Fractionnement et des Biotechnologies S.A. v. Novo Nordisk Healthcare AG, the Patent Trial and Appeal Board (PTAB) denied the Petitioner’s motion to terminate the inter partes review (IPR) and to vacate...
Healthy Overlap Between PTAB And Trial Court Favors Denial
By Haytham Soliman and Matt Johnson - The PTAB recently denied institution of inter partes review (IPR) for claims 1 and 46 of U.S. 7,464,040 in eClinicalWorks, LLC et al. v. Decapolis Systems, LLC, IPR2022-0229, Paper 10 (PTAB April 13, 2022). The denial was based...
Confidential Manual Deemed Not A Printed Publication
By Alison Ibendahl and Joe Beauchamp - In a recent decision, the Patent Trial and Appeals Board found that no claims challenged were unpatentable, after finding manuals relied upon as prior art did not qualify as “printed publications” under 35 U.S.C. § 311(b). ...