Expired Patents Can Be Challenged
By Amanda Simms* and Sarah Geers - Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v. Gesture...
Hirschfeld Issues Second Post-Arthrex Grant of Director Review
By Evan Jones* and Josh Nightingale - On November 18, 2021, the Commissioner for Patents and acting Director of the USPTO, Andrew Hirshfeld, issued the second order granting a Petition for Director Review since the interim Director Review process was implemented by...
PTAB News: First Arthrex Director Review Granted
By Alison Ibendahl and Joe Beauchamp - In a recent decision, Commissioner Andrew Hirschfeld, who is currently performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, issued the first post-Arthrex...
Printed Publication Proof – Cross T’s And Dot I’s
By David Linden* and Matt Johnson - On November 30, the PTAB entered its final written decision in Unified Patents, LLC v. 2BCom, LLC on the patentability of the claims of U.S. Patent No. 7,127,210 (the ‘210 patent). The claims in question were directed to a wireless...
Prior Art Wanted—Cash Reward
By Lisa Furby and Dave Maiorana - Recently, Cloudflare Inc. succeeded in convincing the PTAB to institute in IPR2021-00969 against a Sable Network, Inc.’s patent directed toward data flow. While the institution itself is not out of the ordinary—the petitioner,...