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Secondary Considerations Unhelpful Second Time Around

Secondary Considerations Unhelpful Second Time Around

by Matthew Johnson | Mar 11, 2021 | Other News

By Zach Sharb and Matt Johnson – On February 26, 2021, the PTAB found in favor of Fox Factory, Inc. (“Fox”) on remand and cancelled the challenged claims of SRAM LLC’s (“SRAM”) U.S. Patent No. 9,182,027 (the ’027 Patent), directed towards anchoring a bicycle’s...
Staying Still: District Court Extends Stay Pending Appeal

Staying Still: District Court Extends Stay Pending Appeal

by Matthew Johnson | Jan 6, 2021 | Stay

By Alex Li and Matt Johnson – District courts commonly stay patent litigation cases pending inter parties review (IPR) that assesses the validity of the patents-in-suit before the Patent Trial and Appeal Board (PTAB).  Such stay may be lifted or extended at...
BREAKING: Arthrex Headed to the Supreme Court

BREAKING: Arthrex Headed to the Supreme Court

by Matthew Johnson | Oct 13, 2020 | Federal Circuit Appeal, PTAB News

By Matt Johnson – On Tuesday, the Supreme Court granted certiorari in the three appeals from the Federal Circuit’s Arthrex decision, consolidating those three cases for briefing and argument.  The questions to be presented are as follows: 1. Whether, for...
PTAB Reconsiders Unappealable § 315(b) Issue On Remand

PTAB Reconsiders Unappealable § 315(b) Issue On Remand

by Matthew Johnson | Oct 2, 2020 | Federal Circuit Appeal, Time Limits

By Matt Johnson – Current PTAB-relevant case law dictates: 35 U.S.C. § 315(b) “unambiguously precludes the Director from instituting an IPR if the petition seeking institution is filed more than one year after the petitioner, real party in interest, or privy of...
ARTHREX UPDATE: In a Sea of Remands, PTAB Tosses Itself a Lifeline

ARTHREX UPDATE: In a Sea of Remands, PTAB Tosses Itself a Lifeline

by Pablo Hendler | May 12, 2020 | Federal Circuit Appeal, PTAB News

By Pablo Hendler – On May 1, 2020, the PTAB’s Chief Administrative Patent Judge Scott R. Boalick issued a General Order holding in administrative abeyance more than 100 matters and “any other matters remanded by the Federal Circuit under Arthrex.” As was...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.