by Joe Sauer | Apr 13, 2022 | Motions Practice, PTAB News
By Kevin Yang and Joe Sauer – Once the PTAB institutes an IPR, the parties may only add supplemental information to the record by requesting authorization to file a motion to submit the information. See 37 C.F.R. § 42.123 (2022). If authorization is not...
by Joe Sauer | Nov 15, 2021 | Evidentiary Issues, Final Written Decisions, Trial Institution
By Stephanie Mishaga, Joseph Sauer, and Evan McLean – It is no secret that the Patent Trial and Appeal Board (PTAB) often leverages its discretionary denial powers to deny inter parties review (IPR) petitions. The PTAB has discretionarily denied IPR petitions,...
by Joe Sauer | Nov 20, 2019 | Federal Circuit Appeal, PTAB News
By Robby Breetz and Joe Sauer On October 31, 2019 a panel of Federal Circuit Judges issued the Arthrex Inc. v. Smith and Nephew, Inc. opinion finding the appointment of PTAB judges unconstitutional by violating the Appointments Clause. The panel’s remedy in that case...
by Joe Sauer | Apr 5, 2019 | Trial Institution
By Kerry Barrett, David Anderson, and Joe Sauer In April 2018, the United States Supreme Court held that the PTAB must issue a final written decision addressing every patent claim challenged in an IPR petition. See SAS Inst., Inc. v. Iancu, 138 S. Ct. 1348 (2018). In...
by Joe Sauer | Nov 29, 2018 | Amendment Practice, Claim Construction, PTAB News
By Levent Herguner, Alex Li, and Joe Sauer On Tuesday, November 13th, the PTAB Bar Association held its inaugural Thought Leader Summit. The Summit featured two sessions on recent developments in the patent litigation field, as well as a keynote address from Acting...
