Filing Date Motion Granted Due To COVID-19
By Hannah Mehrle* and Matt Johnson - NeuMoDx Molecular, Inc., (Petitioner) who was otherwise barred from pursuing two IPR proceedings regarding patents owned by HandyLab, Inc. (Patent Owner) under 35 U.S.C. § 315(b)’s one year deadline, filed a Motion to Change the...
PTAB Allows Input on POP Review Requests Using Online Form
By Matt Johnson - The PTAB has added an online form to the USPTO website that allows the submission of an amicus request addressing a pending request for Precedential Opinion Panel (POP) review. This form will enable interested parties to provide fast input on...
PO Collaterally Estopped From Asserting Related Patents
By Carl Kukkonen - A recent case in the Northern District of Illinois addressed the issue of collateral estoppel in connection with patents that were similar to those previously cancelled by the PTAB: In Think Prods., Inc. v. Acco Brands Corp., No. 1:18-cv-07506, ECF...
Fed. Circuit Cautions Against Narrow Application of Analogous Art Test
By Matt Johnson - One of the steps in a proper obviousness analysis is to ascertain the scope and content of the prior art and the differences between the prior art and the claims at issue. Graham v. John Deere Co. of Kan. City, 383 U.S. 1, 17 (1966). The scope of...
PTAB Issues Guidance With Regard to AAPA
By Carl Kukkonen - On August 18, 2020, the USPTO issued guidance regarding the reliance on Applicant Admitted prior art (AAPA). Under 35 U.S.C. § 311(b), IPRs may be instituted only "on the basis of prior art consisting of patents or printed publications." The...