PTAB Declines To Enter Adverse Judgment Against Pre-Institution Disclaimed Claims
By Andrea Beathard and Matt Johnson - Although the Federal Circuit had previously held that the PTAB may enter adverse judgment when a patent owner disclaims all claims challenged in an inter partes review (“IPR”) petition before an institution decision, in Pfizer,...
Use It Or Lose It – Second Appeal Appointments Clause Challenge Deemed Forfeited
By Alison Ibendahl and Albert Liou - An April 13, 2021 decision by the Federal Circuit denied a motion to vacate and remand PTAB decisions based on the Federal Circuit’s October 2019 decision in Arthrex v. Smith & Newman, Inc., et al., 941 F.3d 1320 (Fed. Cir....
Two’s a Crowd: Prior Art in Design Patent Claim Construction
By John Evans and Hannah Mehrle - On April 15, 2021, the PTAB issued a Final Written Decision in the LKQ Corp. case finding a design patent claiming a vehicle fender panel unpatentable as obvious. IPR2020-00064, Paper No. 39 (Apr. 15, 2021). The obviousness analysis...
Boardside Chat Discusses Remote Hearings
By Sarah Geers - On April 11, 2021, the Patent Trial and Appeal Board (PTAB) held a Boardside Chat webinar to discuss remote hearings in AIA trials and ex parte appeals. The discussion featured panelists Lead judges Georgianna Braden and Jessica Kaiser, Deputy Chief...
PTAB Statistics Through Five Months of FY2021
By Matt Johnson – The institution rate for post-grant challenges in current FY 2021 (Oct. 1, 2020 through Feb. 28, 2021) stands at 61% (305 instituted, 198 denied) compared to 56% in the previous fiscal year. This rate is more consistent with FY 2017-2019, where...