PTAB Designates RPI, Follow-On Petition Cases Precedential
On December 4th, the PTAB designated the following three cases precedential: RPX Corp. v. Applications in Internet Time, LLC, IPR2015-01750, Paper 128 (Oct. 2, 2020) (precedential) This decision on remand from the Federal Circuit holds that the petitioner was...
Listserv Working Group Reference Not A Printed Publication
By Ana Teixeira* and Matt Johnson - “Printed publication” under 35 U.S.C. § 102(b) is typically construed to encompass any type of document, as long as the document is “publicly accessible.” See, e.g., Medtronic, Inc. v. Barry, 891 F.3d 1368 (Fed. Cir. 2018). In...
Nexus Required for Objective Indicia
By J. Sean Benevento*, Mike Lavine, and Matt Johnson - In a recent precedential decision, the PTAB emphasized that objective indicia of nonobviousness must have a nexus to the claimed invention. Lectrosonics, Inc. v. Zaxcom, Inc., No. IPR2018-01129, Paper 33 (P.T.A.B....
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...