by Matthew Johnson | Jul 14, 2021 | Prior Art Issues
By Sue Gerber and Matt Johnson – This blog has previously discussed the Federal Circuit’s decision in Becton, Dickinson and Co. v. Baxter Corp. Englewood, — F.3d —, No. 2020-1937, 2021 WL 2176796 (Fed. Cir. May 28, 2021). See Telepharma Disconnect: ...
by Matthew Johnson | Jul 7, 2021 | PTAB News
By Marlee Hartenstein and Matt Johnson – In its July 1st Boardside Chat, the PTAB discussed the Supreme Court’s recent Arthrex decision and the interim procedure for Director review. The panel included Drew Hirschfeld (Performing the functions and duties of the...
by Matthew Johnson | Jul 2, 2021 | Trial Institution
By Andrea Beathard and Matt Johnson – A Sotera-style stipulation has once again convinced the PTAB to not exercise its discretion to deny institution of inter partes review (“IPR”) under 35 U.S.C. § 314(a). In Ocado Group PLC v. AutoStore Technology AS,...
by Matthew Johnson | Jun 30, 2021 | Federal Circuit Appeal, PTAB News
By Matt Johnson – On June 29th, the PTO issued an initial protocol for requesting Director review of a PTAB Final Written Decision according to the Supreme Court’s Arthrex decision. This Arthrex protocol is similar to the current procedure for requesting...
by Matthew Johnson | Jun 21, 2021 | PTAB News
On June 21, 2021, the Supreme Court issued its decision in Arthex stating: Today, we reaffirm and apply the rule from Edmond that the exercise of executive power by inferior officers must at some level be subject to the direction and supervision of an officer...
