by Matthew Johnson | Aug 16, 2023 | PTAB News, Real Party in Interest, Time Limits
By Alexandra Boeriu,* Hannah Mehrle and Matt Johnson – Recently, the PTAB held that Samsung Electronics Co. Ltd. (“Petitioner”), met its burden in showing that a third party (the “Third Party”) was neither a real party-in-interest (“RPI”) nor in privity with...
by Matthew Johnson | Jul 26, 2023 | Amendment Practice, PTAB News, PTAB Trial Basics
By Alex Li and Matt Johnson – Motions to amend (MTA) are becoming a more frequently used tool for patent owners litigating before the Patent Trial and Appeal Board (PTAB). When a patent is being challenged in an inter partes review (IPR) or post-grant reviews...
by Matthew Johnson | Jun 29, 2023 | PTAB News, Trial Institution
By Kyle Perisutti*, Robby Breetz, and Matt Johnson – The PTAB recently exercised its discretion under 35 U.S.C. § 314 to deny institution of inter partes review for inefficient use of the PTAB’s time and resources notwithstanding that the petitioner met the...
by Matthew Johnson | Jun 27, 2023 | Stay, Trial Institution
By Jessica Vedrani*, Misti Blount, and Matt Johnson – Congress implemented the Leahy-Smith America Invents Act (“AIA”) to “establish a more efficient and streamlined patent system that [would] improve patent quality and limit unnecessary and counterproductive...
by Matthew Johnson | Jun 16, 2023 | PTAB News
By Evan Tassis and Matt Johnson – In a rare exercise of authority, the PTAB issued sanctions against a Patent Owner for failure to meet its duty of candor and good faith by withholding information relevant to the patentability of challenged and substitute claims...
