by Matthew Johnson | Jan 3, 2020 | PTAB News
By Matt Johnson – The institution rate for post-grant challenges in current FY 2020 (Oct. 1, 2019 through November 31, 2019) stands at 50% compared to 63% in the previous fiscal year. While a small sample size (88 instituted, 88 denied), this is a number that...
by Matthew Johnson | Dec 16, 2019 | Federal Circuit Appeal, PTAB News
By Nate Andrews, Jasper Tran, and Matt Johnson – The Federal Circuit’s decision in Arthrex v. Smith & Nephew excited and disrupted the patent world. (See, Jones Day Podcast recapping Arthrex decision and fallout.) Inter partes review (IPR) reshaped patent...
by Matthew Johnson | Dec 11, 2019 | Amendment Practice
By Sue Gerber and Matt Johnson On December 4, 2019, the PTAB hosted the last installment for 2019 in its “Boardside Chat” webinar series. The program, presented by Deputy Chief Judge Jacqueline Bonilla and Lead Administrative Patent Judge Jessica Kaiser, addressed...
by Matthew Johnson | Dec 9, 2019 | Amendment Practice
By Alex Li and Matt Johnson During an inter partes review (IPR), it is usually the Petitioner that raises grounds of unpatentability against a Motion to Amend that the Patent Owner must defend in front of the Patent Trial and Appeal Board (PTAB). Is the PTAB allowed...
by Matthew Johnson | Dec 5, 2019 | Federal Circuit Appeal
By Mike Lavine and Matt Johnson – Following on Judge Newman’s dissent in Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc., parties are seeking to preserve their rights by challenging the Federal Circuit’s holding that a party’s failure to raise the...