by Matthew Johnson | Nov 10, 2021 | Evidentiary Issues, Motions Practice
By Christian Roberts and Matt Johnson – Introducing evidence in a motion to file a reply to a patent owner’s preliminary response without the PTAB’s authorization may result in denial and expungement. A recent motion met such a fate in Ice Castles, LLC v....
by Matthew Johnson | Nov 9, 2021 | Motions Practice, PTAB Trial Basics
By Hannah Mehrle and Matt Johnson – Patent Owner (Provisur Technologies) requested authorization to file a motion to strike portions of Petitioner’s (Weber, Inc.) Reply and certain evidence submitted therewith, which Petitioner opposed. Patent Owner argued that...
by Matthew Johnson | Nov 8, 2021 | Other News, PTAB News
By Mike Lavine and Matt Johnson – On October 26, 2021, President Biden nominated Kathi Vidal – the managing partner of Winston and Strawn’s Silicon Valley office – as Director of the United States Patent and Trademark Office (USPTO). Ms. Vidal is considered to...
by Matthew Johnson | Nov 4, 2021 | Evidentiary Issues
By John Wright* and Matt Johnson – Rule 42.23(b) is clear, “A sur-reply may only respond to arguments raised in the corresponding reply and may not be accompanied by new evidence other than deposition transcripts of the cross-examination of any reply...
by Matthew Johnson | Oct 12, 2021 | PTAB News
By Matt Johnson – The institution rate for post-grant petitions in FY 2021 through the end of August 2021 (Oct. 1, 2020 through Aug. 31, 2021) stands at 58% (658 instituted, 471 denied) compared to 56% in the previous fiscal year. The Patent Office notes that on a...
