by Matthew Johnson | Jun 19, 2024 | Design Patents, Federal Circuit Appeal, Prior Art Issues
By John Evans, Jesse Wynn, and Erin Bies* – Those following this blog knew change was coming to design patent obviousness in the LKQ v. GM decision by the en banc Federal Circuit. In its May 21, 2024 decision, the court overruled the long-standing Rosen-Durling...
by Matthew Johnson | Jun 14, 2024 | Evidentiary Issues, Final Written Decisions, Prior Art Issues
By Hailey Stewart,* Evan Tassis and Matt Johnson – In a Final Written Decision, the PTAB declared claims of a patent unpatentable after finding the patent was not entitled to the earlier priority date of the anticipatory reference in Platinum Optics Technology,...
by Matthew Johnson | Jun 4, 2024 | Prior Art Issues, PTAB News, PTAB Trial Basics, Trial Institution
By Sue Gerber and Matt Johnson – Under 35 U.S.C. § 314(a), the PTAB has discretion to deny institution of an inter partes review. In certain circumstances, the PTAB will discretionarily deny a petition because another petition challenging the same patent was...
by Matthew Johnson | May 31, 2024 | Claim Construction, Federal Circuit Appeal, PTAB News, PTAB Trial Basics
By Chris Dorsett and Lisa Furby – During an inter partes review (IPR) initiated by Ingenico, the PTAB found certain claims from three patents held by IOEngine to be unpatentable. The patents at issue are directed to secure communications for portable devices...
by Matthew Johnson | May 30, 2024 | PTAB News, PTAB Trial Basics
By Zachary Marshall-Carter, Daniel Sloan, and Matt Johnson – The PTO has issued a Notice of Proposed Rulemaking regarding who may represent parties in PTAB post-grant trials. The proposal is part of the USPTO’s wider initiative to expand access to practice...