PTAB Fee Increases in 2025
By: Adriane Elinski, Daniel Sloan, and Matt Johnson - Petitioners may soon need to check their account balances, as the United States Patent and Trademark Office (“USPTO”) is raising patent fees across the board, effective January 19, 2025. 89 Fed. Reg. 91898....
Third Party IPRs Sway District Court’s Prevailing Party and Costs Rulings
By Connor Scholes, Daniel Sloan, and John Marlott - Third-party IPRs can moot previously favorable decisions and leave a previously successful party to bear its own costs. On October 16, 2024, Judge Rodney Gilstrap denied the plaintiff’s Motion to be Confirmed as the...
New Declarations with a Sur-reply Require Extraordinary Circumstances
By Adam Cook and Matt Johnson - In a 2-1 decision, the Patent Trial and Appeal Board (“PTAB”) denied a patent owner’s motion to file two new declarations in connection with its sur-reply, holding that the patent owner failed to prove the extraordinary circumstances...
PTAB Reiterates Strict Evidentiary Standard for Printed Publications
By Nicholas D'Andrea and Matt Johnson - The PTAB denied institution of inter partes review (IPR) for a patent directed to geothermal technology. Fervo Energy Co. v. Ormat Techs. Inc., IPR2014-00665, Paper 18 (PTAB Sept. 18, 2024). The claimed invention related to...
PREVAIL Act Passes Committee
By Levent Herguner, Derek Walker, and Matt Johnson - The Promoting and Respecting Economically Vital American Innovation Leadership (“PREVAIL”) Act has moved to the Senate for a full vote after passing the Senate Judiciary Committee vote 11-10 on November 21, 2024. In...