PTAB Declines to Institute Multiple IPRs Against the Same Patent
By Levent Herguner and Matt Johnson - The PTAB recently issued two simultaneous decisions in which it granted one IPR petition, but denied another. Both petitions were directed to Patent Owner Tela Innovations, Inc.’s U.S. Patent No. 7,943,966 (“the ’966 patent”). ...
Wurst Case Scenario: Sausage Tray Design Patent Found Obvious
By Kerry Barrett and John Evans - Last October, the Federal Circuit reversed the PTAB’s decision that a challenged design patent was not obvious. Campbell Soup Co. v. Gamon Plus, Inc., 939 F.3d 1335 (Fed. Cir. 2019). We wrote about how the court applied a more...
Supreme Court Holds Institution Time Bar Decisions Cannot Be Reviewed
By Sue Gerber and Matt Johnson - This week, the United States Supreme Court interpreted the scope of the AIA’s “no appeal” provision found in 35 U.S.C. § 314(d) (“Section 314(d)”). Thryv, Inc. v. Click-to-Call Techs, L.P., No. 18-916, 2020 WL 1906544 (Apr. 20,...
JONES DAY TALKS®: PTAB Litigation Blog Reaches 500 Posts … and the PTAB Reacts to COVID-19
As Jones Day’s PTAB Litigation Blog marks its 500th posting, Dave Cochran and Matt Johnson discuss current patent litigation developments, near-term trends, and how the PTAB is handling cases during the COVID-19 lock down. You can listen here!
PTAB Must Provide Notice Of Sua Sponte Rejections Of Substitute Claims
By Pablo Hendler - In its April 9, 2020 decision in Nike Inc. v. Adidas AG, No. 19-1262, the Court of Appeals for the Federal Circuit made clear that the Board cannot reject substitute claims based on a sua sponte invalidity contention without first providing notice...