by Matthew Johnson | Feb 10, 2022 | Federal Circuit, Prior Art Issues, PTAB News
By Robby Breetz, Christian Roberts, and Matt Johnson – Section 311(b) limits inter partes review to “ground[s] that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications.” 35 U.S.C. § 311(b)...
by Matthew Johnson | Jan 19, 2022 | Trial Institution
By Sue Gerber and Matt Johnson – This blog has previously discussed PTAB’s exercise of discretion under Section 325(d). Sometimes the PTAB has invoked Section 325(d) to deny institution; sometimes it has declined to apply Section 325(d) and instituted inter...
by Matthew Johnson | Jan 14, 2022 | PTAB News
By Matt Johnson – The institution rate for post-grant petitions in FY 2022 through the end of November 2021 (Oct. 1, 2021 through Nov. 30, 2021) stands at 66% (138 instituted, 71 denied) compared to 59% in the previous fiscal year. The Patent Office notes that on a...
by Matthew Johnson | Jan 11, 2022 | PTAB Trial Basics
By Hannah Mehrle and Matt Johnson – Biofrontera AG (“Petitioner”) filed an unopposed motion to dismiss the petition during the preliminary phase of the proceedings. Here, DUSA Pharmaceuticals, Inc. (“Patent Owner”) had not yet filed a Preliminary Response, and...
by Matthew Johnson | Dec 30, 2021 | PTAB Trial Basics
By Sachin Patel and Matt Johnson – A recent PTAB decision in Sattler Tech Corp. v. Lyu represents an important reminder to carefully review the procedural and substantive requirements for filing a petition for an AIA trial, especially when dealing with...
