by Matthew Johnson | Apr 23, 2020 | Federal Circuit Appeal, PTAB News, Time Limits
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,...
by Matthew Johnson | Apr 21, 2020 | Federal Circuit Appeal, PTAB News, Time Limits
On Monday, the Supreme Court ruled that 35 U.S.C. § 314(d)’s statement that the “determination by the Director whether to institute an inter partes review under this section shall be final and nonappealable” means that PTAB decisions regarding the...
by Matthew Johnson | Apr 7, 2020 | Federal Circuit Appeal, PTAB News
By Steph Brooker and Matt Johnson – The Court of Appeals for the Federal Circuit (CAFC) has denied the United States Patent and Trademark Office’s (USPTO) unopposed motion to stay its mandate issued in Arthrex. The USPTO filed its motion seeking a 90 day stay...
by David Cochran | Nov 18, 2019 | Patent Eligible Subject Matter
By Jasper Tran, Sean Benevento,* Dave Cochran, and Matt Silveira Jones Day recently published a recap of aftermath of the Supreme Court’s Alice decision across patent jurisdictions, including the PTAB, in the PatentlyO Law Journal. This paper updates the...
by Greg Castanias | Mar 6, 2019 | Federal Circuit, PTAB News
By Gregory A. Castanias, Daniel Kazhdan, and Jihong Lou As we wrote previously, the Federal Circuit sitting en banc held that a patent applicant can seek district court review of a PTO rejection of its application without having to pay for the time the PTO’s attorneys...
