2020 PTAB Bar Association Annual Conference Rescheduled
By Sue Gerber and Matt Johnson - After having to be postponed due to coronavirus concerns, the 2020 PTAB Bar Association Annual Conference has now been rescheduled and is going forward on September 24-25, 2020, with pre-conference sessions being held September 23,...
Reliance on Machine Translations Warrants Denial of IPR Petitions
By Marc Blackman - An IPR petitioner that relies on foreign language prior art must submit an English language translation of the reference along with an affidavit attesting to the accuracy of the translation. In a recent IPR proceeding, a petitioner’s reliance on...
PGR Estoppel Applies to Unasserted Art
By Dave Maiorana - Due to the relatively low number of post-grant reviews (“PGR”) filed to date, not many district courts have spoken on the scope of PGR estoppel. In GREE, Inc. v. Supercell Oy, No. 2:19-cv-00071 (E.D. Texas), Magistrate Judge Payne in the Eastern...
How Does the PTAB Exercise Discretion Under § 314(a)?
By Alex Li and Matt Johnson The Patent Trial and Appeal Board (PTAB) has the discretion to deny institution of any inter partes review (IPR). Such discretionary denial may be based on a variety of considerations, such as the existence of an ongoing district court...
Sunset for CBMs
By John Marlott - The Transitional Program for Covered Business Method (“CBM”) Review is quietly coming to an end on September 16, 2020, after eight years. The CBM program, which Congress created as a streamlined and temporary method for weeding out low-quality...