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...
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...