by John Marlott | Dec 18, 2023 | Evidentiary Issues, PTAB News, PTAB Trial Basics
By John Marlott – Just because a document is archived on the Internet Archive’s Wayback Machine® does not necessarily qualify it as prior art for an IPR challenge. What is the Wayback Machine®? The USPTO describes it this way: The Wayback Machine® is a digital...
by John Marlott | Jul 18, 2023 | Amendment Practice, PTAB News
By John Wright and John Marlott – The USPTO hosted a “Boardside Chat” on June 15, 2023, to discuss the Motion to Amend Pilot Program, including the recent call for public input on the PTAB’s existing claim amendment procedures and potential rule changes. The...
by John Marlott | Jul 5, 2023 | Estoppel, Federal Circuit Appeal, PTAB News
By John Marlott and John Wright – The Supreme Court will not consider a challenge to the proper scope of AIA statutory estoppel, leaving the Federal Circuit’s governing interpretation in place. The Court’s June 26, 2023 order list denied the pending petition for...
by John Marlott | Jun 23, 2023 | Amendment Practice, PTAB News
By John Wright and John Marlott – The USPTO continues to seek public feedback on PTAB procedures and potential rule changes. In addition to soliciting comments on the many proposed rule changes announced on April 21, 2023, the USPTO also recently issued a...
by John Marlott | Jun 21, 2023 | PTAB News, PTAB Trial Basics, Trial Institution
By John Marlott and Ryan Mueller – If a PTAB panel finds “compelling merits” of unpatentability when making its initial institution decision, is there any realistic chance that same PTAB panel will reach a different result in the final decision at the conclusion...
