by Josh Nightingale | Mar 24, 2022 | Estoppel, PGR
By Hannah Mehrle and Josh Nightingale – An ITC Administrative Law Judge (ALJ) recently issued an initial determination holding that PGR estoppel prevented GMG Products LLC (Respondent) from raising two prior-art products in the ITC. Under Section 325(e)(2) of...
by Josh Nightingale | Jan 24, 2022 | Discovery, Motions Practice
By Christian Roberts and Josh Nightingale – The Patent Trial and Appeal Board (“PTAB”) recently denied a Motion for Additional Discovery because the movant could not prove beyond mere speculation that the requested documents would be useful to show witness...
by Josh Nightingale | Dec 17, 2021 | PTAB News
By Evan Jones* and Josh Nightingale – On November 18, 2021, the Commissioner for Patents and acting Director of the USPTO, Andrew Hirshfeld, issued the second order granting a Petition for Director Review since the interim Director Review process was implemented...
by Josh Nightingale | Nov 15, 2021 | Evidentiary Issues
By Grant Hebrank and Josh Nightingale – Under the Board’s rules, a patent owner gets to have the last word in a PTAB proceeding by filing a sur-reply to the petitioner’s reply. Sur-replies may only respond to arguments raised in the reply, and the “sur-reply …...
by Josh Nightingale | Nov 3, 2021 | Petitions
By Alex Li and Josh Nightingale – The first step in requesting an inter partes review (IPR) of a granted patent is the filing of a petition before the Patent Trial and Appeal Board (PTAB), in which the petitioner states the grounds for the invalidity of the...
