Lights Out For Solar Cell Follow-On Petition
By Dave Cochran and Robby Breetz - The PTAB denied institution of a follow on petition filed five months after an initial petition by the same petitioner, even though the two petitions were directed to different claims.[1] The Board found no persuasive explanation...
Junior Lawyers Can Receive Additional Argument Time
By Jasper L. Tran, Cameron Baker, and Matt Johnson - As fewer cases go to trial nowadays, judges have long been mindful of providing young lawyers with “stand-up” opportunities. For example, Judge William Alsup of the Northern District of California, in his Standing...
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,...