by Matthew Johnson | Oct 20, 2022 | PTAB News
By Anthony Bautista and Matt Johnson – In OpenSky Industries, LLC v. VLSI Technology LLC, Under Secretary of Commerce for Intellectual Property, Katherine Vidal, issued a precedential decision regarding OpenSky’s violation of the Director’s express order and...
by Matthew Johnson | Oct 18, 2022 | Estoppel, PTAB News
By Hannah Mehrle and Matt Johnson – Click-to-Call (Plaintiff/Patent Owner) filed an infringement suit against Ingenio (Defendant/Petitioner) and others. Defendant filed an IPR challenging the asserted claims. In the IPR petition, Petitioner asserted multiple...
by Matthew Johnson | Sep 29, 2022 | PTAB News
By Matt Johnson – The institution rate for post-grant petitions in FY 2022 through the end of August 2022 (Oct. 1, 2021 through August 31, 2022) stands at 66% (706 instituted, 366 denied) compared to 59% in the previous fiscal year. The Patent Office notes that on a...
by Matthew Johnson | Sep 27, 2022 | Evidentiary Issues, Expert Witnesses
By Stephanie Mishaga and Matt Johnson – In a recent Boardside Chat webinar, a panel made up of PTAB judges and practicing attorneys discussed the use of experts and expert testimony in American Invents Act (AIA) proceedings. The panelists stressed that...
by Matthew Johnson | Sep 22, 2022 | Prior Art Issues, PTAB News
By Sean Benevento, Mike Lavine, and Matt Johnson – In LG Electronics v. Immervision, the Federal Circuit clarified the standard for evaluating whether a prior art reference includes an obvious typographical error. See 39 F.4th 1364, 1365 (Fed. Cir. 2022). Under...