Ho, Ho, No: CAFC Delivers Reversal, Vacatur, and Remand in Christmas Tree Row
By Emily Tait - The Federal Circuit recently issued another decision in a longstanding dispute between Willis Electric Co. and Polygroup Ltd. involving two patents owned by Willis (U.S. Patent Nos. 8,454,186 and 8,454,187) directed to lighted artificial Christmas tree...
Down to the Wire: POP Finds Petition Payment Timely
By Albert Liou - On January 14, 2022, the PTAB issued a precedential opinion granting a request for rehearing of a denial of an IPR petition that had previously found a petition to be time-barred because the wire transfer had not been timely paid. Toshiba America...
Discovery Request Seeking Deposition Preparation Materials Denied
By Christian Roberts and Josh Nightingale - The Patent Trial and Appeal Board (“PTAB”) recently denied a Motion for Additional Discovery because the movant could not prove beyond mere speculation that the requested documents would be useful to show witness scripting....
Section 325(d) – Twelfth Time Not A Charm
By Sue Gerber and Matt Johnson - This blog has previously discussed PTAB’s exercise of discretion under Section 325(d). Sometimes the PTAB has invoked Section 325(d) to deny institution; sometimes it has declined to apply Section 325(d) and instituted inter partes...
PTAB Statistics Through Two Months of FY2022
By Matt Johnson – The institution rate for post-grant petitions in FY 2022 through the end of November 2021 (Oct. 1, 2021 through Nov. 30, 2021) stands at 66% (138 instituted, 71 denied) compared to 59% in the previous fiscal year. The Patent Office notes that on a...