by John Marlott | Jan 13, 2021 | PTAB Trial Basics
By John Marlott and Nick Bagnolo – In post-grant proceedings since 2018, the PTAB has applied the same claim construction standard as used in district court; a recent Memorandum confirms the PTAB will likewise apply the same standard that district courts use for...
by John Marlott | Aug 28, 2020 | CBMs
By John Marlott – The Transitional Program for Covered Business Method (“CBM”) Review is quietly coming to an end on September 16, 2020, after eight years. The CBM program, which Congress created as a streamlined and temporary method for weeding out low-quality...
by John Marlott | Jul 6, 2020 | PTAB News
By Nate Andrews, John Marlott, and Dave Maiorana – The United States petitioned the Supreme Court for certiorari in Arthrex. Cert. Pet., No. 19-1434 (June 25, 2020). Two additional petitions for writs of certiorari have been filed, one by Arthrex and one by...
by John Marlott | Jun 22, 2020 | PTAB News, Trial Institution
By Chris Liu and John Marlott – If the PTAB judges who denied institution of an IPR were unconstitutionally appointed under Arthrex at the time they issued that decision, does the petitioner get a second chance with a new panel of different PTAB judges? As we...
by John Marlott | May 13, 2020 | Federal Circuit Appeal, PTAB News
By Nate Andrews, John Marlott, Dave Maiorana, and John Evans On May 5, 2020 the Federal Circuit formally barred petitioners from seeking Arthrex remands. The Court issued a precedential order clarifying that only qualifying patent owners may seek the Arthrex remedy. ...
