Patent Need Not Be Valid To Be 102(e)(pre-AIA) Prior Art
By Sue Gerber and Matt Johnson - This blog has previously discussed the Federal Circuit’s decision in Becton, Dickinson and Co. v. Baxter Corp. Englewood, --- F.3d ---, No. 2020-1937, 2021 WL 2176796 (Fed. Cir. May 28, 2021). See Telepharma Disconnect: Federal...
Take Care When Modifying the PTAB’s Default Protective Order
By Sachin Patel and Josh Nightingale - After an initial denial, the PTAB recently granted Unified Patents’ motions for entry of protective order and for seal in Unified Patents, LLC v. Electronics and Telecommunications Research Institute, IPR2020-01048, Paper 33...
Boardside Chat Sheds Light On Arthrex Director Review Procedure
By Marlee Hartenstein and Matt Johnson - In its July 1st Boardside Chat, the PTAB discussed the Supreme Court’s recent Arthrex decision and the interim procedure for Director review. The panel included Drew Hirschfeld (Performing the functions and duties of the Under...
Sotera Stip Results in Institution Despite Co-Pending ITC Case
By Andrea Beathard and Matt Johnson - A Sotera-style stipulation has once again convinced the PTAB to not exercise its discretion to deny institution of inter partes review (“IPR”) under 35 U.S.C. § 314(a). In Ocado Group PLC v. AutoStore Technology AS,...
PTAB Details Interim Procedure for Requesting Arthrex Director Review
By Matt Johnson - On June 29th, the PTO issued an initial protocol for requesting Director review of a PTAB Final Written Decision according to the Supreme Court’s Arthrex decision. This Arthrex protocol is similar to the current procedure for requesting rehearing by...